What to do ifmy husband has been requested to pay back the full amount awardedfor SSDbenefits plus additional fees?

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What to do ifmy husband has been requested to pay back the full amount awardedfor SSDbenefits plus additional fees?

My husband was awarded SSD. He returned to work and promptly notified SSA to stop payment. Payment was stopped shortly after. Now, 3 years later, he received a notice from SSA requesting the entire amount awarded of $16,000, plus an additional $2,000 (in addition to the awarded balance). This was the first notice we received. I’m assuming SSA made a “revised” retroactive cessation decision for him and then assessed an overpayment of benefits.

Asked on February 20, 2011 under Bankruptcy Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You don't have to take the determination at face value; you can fight it, first through the Social Security Administration's internal appeals or review process, then later, if need be, to court. You can fight it yourself or you can hire a lawyer, which is recommended, given both the amount of money at stake and the complexity of SSA appeals. However, first you should request the SSA explain and document the reason for the determination; then you should review it carefully, being honest with yourself. If you end up believing that it is correct--that you should truly overpay--you may be best off trying to work out a settlement or payment plan (which a lawyer can also help you with) rather than trying to fight a legitimate determination.


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