[bermcclure]

Since 2005, I have been communicating, filing appeals, requesting a waiver for a decision to repay $28,000 that clearly shows I submitted every document and this was no fault of mines. I live on a fixed income and every year my income tax has been taken from me. Except one year, I was told that my case was still pending and they had to lift the order. In September of this year I requested an appeal. I still have not heard from them, however in November my job was served a wage garnishment. I live in Mississippi. What is my legal rights and what type of attorney should I search for?

[ScottGem]

I'm confused. Who is garnishing your salary? Did they obtain a judgment against you? Living on fixed income generally means that you do not have a job. So there are some inconsistencies in your post. Please clarify.

[joypulv]

'Repay' what - were you getting SSDI, and went back to work while still accepting disability?

[bermcclure]

SSI has garnished my wages for 15 to 25% of my pay check every two weeks. I became disabled in 1999, however I didn't get approved for disability until 2002. In and out of the hospital, I were not able to work, however, I received a ticket to work card from SSI in 2003-2004. This is when I began volunteering as an AmeriCorps member. AmeriCorps Members can only serve 2 years, I began working at a casino part time and turned in all that income to SSI. My disability had stopped because of my income. I lost my job because I kept getting sick and transported by ambulance. When that was over, I worked part time 12 - 15 hours a week at a recreational facility. However, I turned in all of my documents and reported all income. Every month a certain amount was deducted from my SSI check due to my income change and finally all SSI stopped. In 2006, I received a letter explaining that I was not paid the correct amount of SSI from 2003 to 2005 and received a lump sum of $6,000+ dollars and SSI would be keeping $9,000+ dollars. I have all of my documents as well as bank statements. I really need some help, because I know that Social Security will automatically cut off for any income. AmeriCorps is a living Government Allowances and should not affect disability or food stamps. I desperately need help.

[joypulv]

It's important to know if you really mean SSI or if you mean SSDI.
SSI is welfare for disability when you have no work history, and SSDI is for those with enough work history and is based on how much you made.
Calculating Ticket to Work is complicated, and your numbers are still confusing. You started owing $28,000 and now say something about getting 6,000 and them keeping 9,000, which sounds like the retroactive check, but it isn't clear what the overpayment is all about - how much, how long, and why. It sounds like you made over the monthly and yearly limit for Ticket to Work. But that's a lot of months of overpayment. If Americorp is a stipend and not a wage and thus exempt from income calculations, it's possible that someone didn't know what they were doing. Many mistakes do get made with SS because they often don't handle monthly variations well, as well as some of the details of what is counted as work. Low level clerks sit there all day stamping papers and probably not handling them carefully. Then when something is audited and changed, such as that check you got in 2006, the wheels grind slowly, and that check may not have been connected to papers you had been sending in for the last year or two. SS is often about 2 years behind on everything.

This is all too much to help you with here. If you can't fight it by mail, go to a SS office and bring copies of all your documents again. Be as patient and pleasant as you can be. If that doesn't work, you need to hire a lawyer.

[bermcclure]

Thank you