social security overpayment and bankruptcy

[srkidd]

I have been receiving social security disability with workers compensation for 13 years. SSA was aware of this and I always had an offset to my ssd payments.Social Security is now saying I was overpaid and I owe them $63,000.00. I have always reported everything. this is SSA fault. Do you know if this debt can be discharged in a chapter 7 bankruptcy? I am worried sick. Any info would be appreciated.

[woeisme]

I am not sure if this debt can be discharged or not. I do know that when my step-daughter got overpaid that they just stopped her payments until either she repaid them or until a long enough time had passes without checks that the difference was made up that way. (much smaller amount than you are talking about, less than a thousand dollars). I think you can kiss getting any more money from SSI goodbye though, until this has been resolved.

[Minnymouth]

I'm not sure that this debt can be discharged in Bankruptcy.... but you sure can "fight it"......

Many years ago Social Security gave my mother benefits which we knew she was not entitled too. We told them this also, but they insisted and started sending her monthly checks.

Well, years later they decided they had made a "mistake"!!!!!!
They sent us a letter demanding a refund of $128,000..... for monies they had paid her, plus medical bills they had paid for her.... over the years. When they demanded this money returned she was bed-ridden and a stroke victim and living on a limited retirement check.

I contacted the main Social Security office in Washington DC, I wrote letters to my Congressman and Senators for my state, and informed them of the situation and her present condition (bedridden and stroke victim being cared for by her family who paid for what she couldn't) and that I did not feel "responsible to reimburse" Social Security for their "stupidity and lack of training of their staff".! The error was on their part, we told them she was not entitled (not enough quarters paid in), yet they insisted that she was. And they signed her up for benefits.

After one year of serious letter writing and contact with my Congressman and Senators and the Main Social Security Office in Washington, DC - I received a letter stating that "the entitlement was given thru an error in the Social Security Office System and that Mrs.John Doe WOULD NOT have to refund the sum of $128,000 to the Social Security Office. They apologized for all the inconvenience they had caused by the mistakes they had made. And now they considered this issue CLOSED....

So you can work and eliminate that "problem" if you really try. I know I sure did.

Everybody says you can't "beat the system"!!!!! You can with the help of your Congressman, Senators, and with the right information.

You need good records, list of contacts over the years, and "proof of offset" on your disability and workmans comp checks.

You can DO THIS, I did..... and all it takes is delingence and lots of paperwork.....

Soooooooo, stay calm, think clearly, put all your events, facts, and thoughts on paper..... THEN start writing your letters, stating your facts, enclosing copies of proof of offset and "get the ball moving".....

Keep me posted......

[srkidd]

Thanks for the response. I am not sure I even owe this. I want someone to sit down with me to see why this is a mistake.

I am still getting paid the lesser amount. My pay decreased $500.00 a month but the repayment is on hold until they look at it again. This is SSD not SSI.

Minny what was the response of your Congressman and Senators. Did it help to contact teh main SS office.

[IamNotmyDebt]

I also have an overpayment from SSDI that I have been paying off for about 10 years. My research on the internet says that if the Social Security overpayment was not due to fraud then it can be discharged.

I asked the attorney that I consulted with a few weeks ago about that specifically and he didn't even hesitate for a moment before he replied that it would be dischargable.

I have found the SSA pretty easy to work with and they seem to be fine with making very minimal payments ($25.00 a month).