View Full Version : SSA and Extended Period of elgibility wage garnish
buffalome90210
Jul 9, 2013, 02:18 PM
Can or will SSA garnish the wages of a person to collect an Overpayment if the person is still within the period of SSDI Extended Elgibility ? I am currently working after being on SSDI for 15 years and am still within my extended period.
joypulv
Jul 9, 2013, 02:22 PM
SSDI can be garnished at any time, whether in the period of extended eligibility or not.
Was this for failure to report work right away, or failure to report an increase in wages during the period, or something old?
N0help4u
Jul 9, 2013, 02:39 PM
You ask for a dispute form. Then where it asks why you feel you do not have to pay this back you check that it is their mistake not yours. But usually they do have the right to garnish their mistake. Its worth a try
buffalome90210
Jul 9, 2013, 03:05 PM
Failure to report work right away.
joypulv
Jul 9, 2013, 03:09 PM
failure to report work right away.
That's the usual situation... and it's totally garnishable. Why would you think it might not be?
buffalome90210
Jul 9, 2013, 03:15 PM
That's the usual situation... and it's totally garnishable. Why would you think it might not be?
I based my thought son the following web site:
https://secure.ssa.gov/poms.nsf/lnx/0202201040
The site is regarding GN 02201.040 Collection of Title II/Title XVI Overpayments by Administrative Wage Garnishment (AWG)
It states:
The Agency's policy is to exclude individuals from AWG selection:
•while they are participating in the Ticket to Work and Self-Sufficiency Program and have tickets in use, or
•while they are in a period of extended Medicare eligibility, or
•while their Title II disability insurance benefits are stopped during the reentitlement period.
Since one of SSA's main objectives is to increase employment of people with disabilities, SSA excludes people with the preceding work incentives from the AWG program.
joypulv
Jul 9, 2013, 03:42 PM
Looks like you are right, starting just a year ago this month. Amazing.
Now all you have to do is convince all the long-time SS employees who didn't read the memo? Are they claiming they will garnish?
buffalome90210
Jul 9, 2013, 04:26 PM
No when has threatened garnish as yet, I am attempting to be pro-active. I want to thank you for coroberating.
joypulv
Jul 9, 2013, 04:39 PM
Isn't Medicare extended some odd years and months, like 9 years/9 months or something?
Just be sure they aren't holding off until it's over and then socking you with interest.
Especially if the amount is in the thousands.
I take it you aren't Ticket to Work so have no constraints in wages?
buffalome90210
Jul 9, 2013, 05:34 PM
Isn't Medicare extended some odd years and months, like 9 years/9 months or something?
Just be sure they aren't holding off til it's over and then socking you with interest.
Especially if the amount is in the thousands.
I take it you aren't Ticket to Work so have no constraints in wages?
I am confused on this point as well. I find some documents indication 36 months and some indciatiin what you state above.
I hope someone can give me some clarification.
I have included a SSA link regarding this issue:
https://secure.ssa.gov/poms.nsf/lnx/0428055001
Any thoughts anyone ?
JudyKayTee
Jul 9, 2013, 05:43 PM
Yes, failure to report a change is fraud. You can be criminally charged.
This is not a case where some agency miscalculated benefits and it's not your fault.
How do I know? Happened to a stepchild.
N0help4u
Jul 9, 2013, 05:46 PM
Yes the fault is on your part if you did not report it within the time you needed to
buffalome90210
Jul 10, 2013, 04:36 AM
yes the fault is on your part if you did not report it within the time you needed to
What is the likelihood that ssa will go to that extent of a criminal charge ?
joypulv
Jul 10, 2013, 06:19 AM
What is the likelyhood that ssa will go to that extent of a criminal charge ?
We don't know how long you didn't report and how much money is involved.
The law has changed, so we need to be careful about past experiences. Plus I know someone who talked his way out of repayment for not reporting soon enough. In other words - I think some of this depends on how you handle it and who you speak to.
Although I do understand that the gov't wants people to go back to work, it's not something you should be taking advantage of at taxpayer's expense.
So bottom line, how long went by and how much $$ are we talking?