Ask Experts Questions for FREE Help !
Ask
    buffalome90210's Avatar
    buffalome90210 Posts: 7, Reputation: 1
    New Member
    		  
    #1

    Jul 9, 2013, 02:18 PM
    SSA and Extended Period of elgibility wage garnish
    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's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #2

    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's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #3

    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's Avatar
    buffalome90210 Posts: 7, Reputation: 1
    New Member
    		  
    #4

    Jul 9, 2013, 03:05 PM
    Failure to report work right away.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #5

    Jul 9, 2013, 03:09 PM
    Quote Originally Posted by buffalome90210 View Post
    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's Avatar
    buffalome90210 Posts: 7, Reputation: 1
    New Member
    		  
    #6

    Jul 9, 2013, 03:15 PM
    Quote Originally Posted by joypulv View Post
    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's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #7

    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's Avatar
    buffalome90210 Posts: 7, Reputation: 1
    New Member
    		  
    #8

    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's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #9

    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's Avatar
    buffalome90210 Posts: 7, Reputation: 1
    New Member
    		  
    #10

    Jul 9, 2013, 05:34 PM
    Quote Originally Posted by joypulv View Post
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #11

    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's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #12

    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's Avatar
    buffalome90210 Posts: 7, Reputation: 1
    New Member
    		  
    #13

    Jul 10, 2013, 04:36 AM
    Quote Originally Posted by N0help4u View Post
    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's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #14

    Jul 10, 2013, 06:19 AM
    Quote Originally Posted by buffalome90210 View Post
    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?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can ssa garnish wages in South Carolina for a SSDI overpayment [ 1 Answers ]

Can ssa garnish wages in South Carolina for a SSDI overpayment

Nj law on wage garnish and bank levy [ 1 Answers ]

OK... here I go... I have a wage garnish for this collection agency in NJ... but I have a school loan which isbeing taken out of my pay so until my school loan is paid the collection agency isn't being paid through that... so today I found out that my bank account was drained by the collection...

Can a creditor garnish my wage in Texas? [ 3 Answers ]

I live in Texas and my car was repossessed couple years back can the bank come and garnish my wage or my bank now

Can North Carolina garnish my wage for Idaho judgement? [ 3 Answers ]

I am now a resident of Idaho.. I filed personal bk and had it discharged in march.. one creditor is trying to get his debt(bank mortgage shortfall) taken out of my bk and then try to attach my income as we have no assets.. we are 62 years old.. We were thinking of moving to North Carolina to be...

I stopped a wage garnishment can they now garnish my bank account in TX [ 4 Answers ]

A company was garnishing my wages, I had that stopped, and getting reimbursed, do I have to worry about my bank account? I only have my paycheck going into it, will they try to garnish my bank account? If so how much? Should I close that account? Where can I put that money? This is a company that...

View more questions Search