Social Security / SSDI

We Owe a Lot of People Money Including Social Security Disability Overpayment

Written by Steve Rhode

Question:

Dear Steve,

I am 57 yo male married 27 years my wife is 52 yo we both work full time but r in debit for cars, student loans, and house payment plus my wages r being garnished by SSI for overpayment

We owe about 160,000.00 student loans
1 car pay 427.00/ month for 30 months @ 24.65%
1 car pay 287.09/month 48 month 23.457%
Mortgage 486,00/month for 10 years
SSD overpay 38,000.00

We desperately need help

Mike

Answer:

Dear Mike,

I’m not sure if you tried to deal with the overpayment claim by appealing it.

If you don’t agree that you’ve been overpaid, or if you believe the amount is incorrect, you can appeal by filing form SSA561. Your appeal must be in writing.

Social Security says:

“You should explain why you think you haven’t been overpaid, or why you think the amount is incorrect.

You have 60 days from the date you received the original overpayment notice to file an appeal. We assume you got this letter five days after the date on it, unless you show us that you didn’t get it within the five-day period. You must have a good reason for waiting more than 60 days to ask for an appeal.

If you believe you shouldn’t have to pay the money back, you can request that we waive collection. You must submit form SSA-632, which you can get online, by calling us at 800-772-1213 or visiting your local office.

There’s no time limit for filing a waiver. You’ll have to prove that:

  • The overpayment wasn’t your fault; and
  • Paying it back would cause you financial hardship or would be unfair for some other reason.

We may ask you to give us proof of your income and expenses. We also may ask you to meet with us. If so, your attendance at this meeting is important.

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We’ll stop recovering the overpayment until we make a decision on your request for an appeal or waiver.” – Source

The rest of the issue needs more information before I can answer about the student loans. You can post an update in the comments section below. I need to know if these are federal or private student loans.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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