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.
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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.
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?
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
Failure to report work right away.
That's the usual situation... and it's totally garnishable. Why would you think it might not be?Quote:
Originally Posted by buffalome90210
I based my thought son the following web site:Quote:
Originally Posted by joypulv
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.
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?
No when has threatened garnish as yet, I am attempting to be pro-active. I want to thank you for coroberating.
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?
I am confused on this point as well. I find some documents indication 36 months and some indciatiin what you state above.Quote:
Originally Posted by joypulv
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 ?
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.
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 ?Quote:
Originally Posted by N0help4u
We don't know how long you didn't report and how much money is involved.Quote:
Originally Posted by buffalome90210
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?
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