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SSDI overpayment nightmare: SSA keeping $30k they wrongly collected despite judge ruling in my family's favor

My sister has been through absolute hell with Social Security for the past 18 months. She was on SSDI for 4 years, then got well enough to return to work part-time in 2023. She reported EVERYTHING to SSA exactly as required - called them, filed the forms, even kept copies of all her submission receipts and pay stubs. Fast forward to early 2025, she gets a shocking letter saying she owes $57,000 in overpayments because she 'failed to report work activity.' WHAT?! She had proof she reported everything! She went through the whole reconsideration process, submitted all her documentation, and SSA still denied her. Meanwhile, they started taking huge chunks of money from her - almost $42,000 in total that she scraped together by emptying her small retirement account and borrowing from family. She finally got a hearing with an ALJ last month. The judge actually AGREED with her - said the evidence clearly showed she had properly reported her work and that SSA had made the error. Here's the completely insane part - the judge ruled she didn't have to pay the remaining $15,000, BUT that Social Security could KEEP the $42,000 she already paid even though they were WRONG!!! How is this even legal? The judge acknowledged SSA made the mistake but won't make them return money they took in error? She's devastated financially and emotionally. Has anyone ever dealt with something like this or know if there's any way to fight to get that money back?

This is absolutely infuriating and unfortunately not uncommon. I work as a paralegal at a disability law firm and see these cases regularly. The good news is that your sister's case is NOT subject to Administrative Finality - that 4-year rule doesn't apply here since everything happened so recently. The ALJ made an error in their interpretation. When they found that SSA was wrong and your sister properly reported, they absolutely have the authority to order a full refund of improperly collected funds. I suspect the judge may have confused different types of overpayment cases or applied the wrong regulation. Here's what your sister needs to do immediately: 1. File that Appeals Council review (sounds like she already did - good!) 2. In the appeal, specifically cite 20 CFR 404.502(c) which allows for reopening and revision of determinations 3. Request a complete administrative record review 4. Consider filing a 1696 form to get representation - many attorneys will take these cases on contingency The key argument is that this is a "clerical error" case, not an Administrative Finality case. SSA received her reports but failed to process them correctly. That's their mistake and they cannot keep money collected due to their own processing error. Don't give up - this is absolutely winnable with the right legal approach.

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This is incredibly helpful information! Thank you so much for breaking down the specific regulation and legal approach. My sister has been feeling so defeated, but your explanation about this being a "clerical error" case rather than Administrative Finality makes so much sense. She did file the Appeals Council review, but I don't think she cited that specific regulation - we'll definitely need to amend that. Do you think it's worth trying to get representation at this stage, or should we wait to see what the Appeals Council says first?

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I'd actually recommend getting representation now rather than waiting. Here's why: the Appeals Council review is your best shot at getting this fixed without having to go to federal court, which is much more expensive and time-consuming. An experienced attorney can help frame the arguments correctly from the start and make sure all the right regulations and precedents are cited. Plus, if you wait until after the Appeals Council denies the case, you're looking at federal court litigation which is a whole different beast. Many attorneys who specialize in Social Security cases will take these overpayment appeals on contingency, so your sister wouldn't pay anything upfront. The fact that the ALJ already found SSA was in error is huge - that's the hardest part of these cases. Now it's just about getting the legal remedy right. A good attorney can also help expedite the process and knows exactly which arguments work best with the Appeals Council. I'd suggest contacting NOSSCR (like someone mentioned earlier) or your state bar association for referrals to attorneys who specialize in Social Security overpayment cases specifically.

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I'm so sorry your sister is going through this - what an absolute nightmare! As someone who's dealt with SSA bureaucracy myself, I can't believe they can just keep money they wrongfully collected even when a judge admits they made the mistake. One thing I wanted to add that I haven't seen mentioned yet - has your sister considered filing a complaint with the Consumer Financial Protection Bureau (CFPB)? They handle complaints about government agencies taking money improperly, and sometimes external pressure from other federal agencies can help get SSA to actually follow their own rules correctly. Also, definitely document EVERYTHING moving forward - every phone call, every letter, every interaction. Take photos of all documents before mailing them. I learned this the hard way when SSA "lost" paperwork I sent them twice. The legal advice others have given sounds spot-on, especially about this being a clerical error rather than an Administrative Finality issue. Your sister shouldn't give up - $42,000 is life-changing money and she deserves to get it back when she did everything right. Keep fighting!

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Nia Davis

That's a great suggestion about the CFPB complaint! I hadn't thought about that avenue. My sister has definitely been documenting everything religiously since this whole mess started - she learned quickly that you can't trust SSA to keep track of anything properly. The $42,000 really is life-changing money for her. She had to drain her retirement savings and borrow from family members just to pay what they were demanding. Now she's facing medical bills she can't afford to pay because of the financial hit. It's just heartbreaking that they can admit they were wrong but still keep the money they took based on their own mistake. Thank you for the encouragement - everyone's advice here has been so helpful and is giving us hope that there might actually be a path forward to get her money back.

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I just want to echo what everyone else has said and add my own experience - YES, your spousal benefit calculation absolutely includes all the COLA adjustments that have been applied to your husband's PIA since his FRA in 2021! I went through this same confusing process about 6 months ago. Like you, I got wildly different answers from SSA phone reps - one told me COLAs weren't included, another said they were, and a third gave me a number that was way off from what I calculated myself. What finally worked: I visited my local SSA office with my husband's benefit verification letter from his my Social Security account and his most recent SSA-1099. The in-person representative was incredibly helpful and actually showed me on her computer screen how they calculate spousal benefits using the current COLA-adjusted PIA. Your $175 monthly difference is absolutely realistic - when I did the math for my situation (my husband reached FRA in 2020), the difference between using his original PIA versus the COLA-adjusted PIA was about $200 per month! Those annual adjustments really compound over time. The key is to be very specific when you call or visit: ask for the "current PIA with all COLA adjustments applied since FRA." This eliminates any confusion about which number they should use. Don't stress about the 2025 COLA for now - it will automatically be added to your monthly payment once you start receiving benefits. Focus on getting the correct calculation using the 2021-2024 COLA adjustments first. Good luck, and don't give up! The difference is too significant to accept incorrect information.

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Lucy Lam

Thank you so much for sharing your experience and for the encouragement not to give up! It's incredibly reassuring to hear from someone who had an even bigger difference ($200/month) - it really drives home how important it is to get this right. I'm so glad I asked this question here because everyone's responses have given me the confidence to push back when I get incorrect information from SSA reps. Your point about being very specific with the language is spot on - "current PIA with all COLA adjustments applied since FRA" seems to be the exact phrase I need to use. I'm definitely going to visit my local office with my husband's benefit verification letter and SSA-1099 like you suggested. It sounds like seeing the calculation on their computer screen really helps eliminate any doubt about the process. It's frustrating that the phone reps are so inconsistent with this information, but I'm grateful for this community where people share their real experiences. Now I know what to expect and how to advocate for myself. The $175 monthly difference is absolutely worth fighting for - that's over $2,000 per year!

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I'm currently going through this exact same situation and wanted to share what I've learned after finally getting some clarity. You're absolutely right to be confused - the SSA phone reps give wildly inconsistent information about this! After multiple frustrating phone calls, I visited my local SSA office and got definitive answers. YES, your spousal benefit will be calculated using your husband's current PIA, which includes ALL the COLA adjustments that have been applied since he reached FRA in 2021. So you would include the 2022 (5.9%), 2023 (8.7%), and 2024 (3.2%) COLAs. Your $175 monthly difference calculation sounds very accurate - when those COLAs compound over multiple years, it really adds up significantly. I had a similar calculation that showed about $160 difference for my situation. Here's what worked for me: I brought my spouse's most recent benefit statement and SSA-1099 to the local office and asked to see exactly how they calculate spousal benefits. The representative pulled up the current PIA (with all COLAs included) on her computer and walked me through each step. Much more reliable than phone reps! The magic phrase to use is "current PIA with all COLA adjustments applied since FRA" - this eliminates any confusion about which number they should be using. The 2025 COLA will automatically be added to your benefit once you start receiving payments, so don't worry about factoring that in manually right now. Good luck and don't let anyone shortchange you by using the outdated 2021 PIA!

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The Boss

my mom got switched from SSI to disabled widoes benefits and got EXTRA money but also got medicare too. maybe check if u got medicare now cuz that worth something too even if money went down a little

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Grace Lee

Yes, someone else mentioned Medicare too! I'm going to look at that letter I got. Maybe the Medicare will help make up for the lower cash benefit. I still need to understand why this all happened with no warning though.

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I'm a benefits advocate and this situation is unfortunately more common than it should be. What you're describing sounds like an automatic conversion to disabled widow's benefits that should have included proper notification. Here are some important points to bring up when you call SSA: 1. Request a written explanation of why the conversion happened and why no advance notice was provided 2. Ask for a benefit verification letter showing your new benefit type and amount 3. Inquire about "protective filing" - they should backdate any corrections to when the error first occurred 4. Most importantly, ask about SSI supplementation if your total benefits decreased The Medicare eligibility others mentioned is actually significant - Medicare Part A is free and could save you hundreds monthly if you were paying for health insurance. Make sure to understand all the changes, not just the cash benefit amount. Also, document everything during your call and ask for a case number. If the first representative can't fully explain what happened, ask to speak with a supervisor or technical expert. You have rights here and shouldn't accept a reduction without proper explanation and appeal options.

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I'm new to this community but wanted to add my voice to this incredibly helpful discussion. As someone who recently went through a similar verification hold (though mine was resolved more quickly), I can confirm everything people have shared here about the importance of understanding the difference between "cannot process" and "denied." My situation involved missing quarterly reports from a small business I worked for in the 1990s that went out of business. The key breakthrough came when the SSA agent explained that they have special procedures for documenting earnings from defunct employers - I had to provide old tax returns and write a detailed statement about my employment there. What really helped me was creating a timeline of all my employment history before calling, including approximate dates, employer names, and any documentation I had for each job. When I finally reached an agent (7:18 AM was my magic time!), having everything organized made the conversation much more productive. The county library angle others have mentioned is definitely worth investigating. Many local government positions in the 1990s had their own retirement systems, and SSA needs to verify whether those earnings were subject to Social Security taxes or not. Keep pushing forward - the bureaucracy is frustrating but the outcome is worth it. The retroactive payments really do cover the full waiting period once everything gets sorted out!

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I'm new to this community but have been reading through this entire thread and I'm amazed by how helpful everyone has been! As someone who is getting close to retirement age myself, I had no idea that these verification holds were so common with Social Security applications. What really strikes me is how what initially seemed like a devastating denial turned out to be a routine administrative review that many people experience. The practical advice shared here is incredible - from the specific calling times (7:02-7:20 AM seems to be the consensus) to organizing old employment documents by year, to understanding the difference between processing delays and actual denials. The county library employment situation that several people identified as a potential complicating factor really shows how complex these cases can be, especially when local government jobs had their own pension systems that didn't pay into Social Security. For anyone else who might find themselves in this situation in the future, this thread has basically created a comprehensive roadmap for resolving verification holds. The consistent reports of retroactive payments once issues are resolved really shows that persistence through the bureaucracy pays off. Thank you to everyone who took the time to share their experiences - this is exactly the kind of community support that makes navigating government red tape feel much less intimidating!

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I'm new here but found this thread while searching for help with my own SSA nightmare! I've been trying for 5 weeks to get an appointment to submit original divorce papers to change my name back on my Social Security record, but every call ends with "we're not scheduling in-person appointments at this time." Reading through everyone's strategies here has been such a game-changer - I had no idea about calling local offices directly or asking for specific types of representatives! Based on all the success stories shared here, I'm going to call my local SSA office tomorrow around 2:30 PM and specifically ask to speak with a "Claims Specialist" about scheduling a "limited in-person appointment for original document verification." I'll also mention that I've already tried resolving this through their online system and multiple phone calls without success. It's honestly shocking that we all have to become experts in navigating our own government services, but this community has provided more useful guidance than anything official. If the direct approach doesn't work, I'll definitely try contacting my congressional representative's office as backup. Thank you all for sharing what actually works instead of just venting - I finally feel like I have a real plan instead of just beating my head against the wall! I'll update with my results to hopefully help the next person dealing with this same frustration.

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I'm also new to this community but found this thread while desperately trying to solve my own SSA appointment crisis! I've been attempting for over a month to schedule an appointment to correct an error in my disability determination that's affecting my monthly payments - they require original medical records to be submitted in person, but the automated phone system just keeps telling me "all appointments are currently unavailable." Reading through all these detailed strategies has been absolutely life-changing! I had no clue about calling local offices directly instead of that useless 800 number, or that specific phrases like "Claims Specialist" and "limited in-person appointment for original document verification" could actually cut through the bureaucratic nonsense. Tomorrow I'm definitely trying the 2:30 PM local office call strategy that so many people have found success with. It's both infuriating and comforting to see how many of us are stuck in this same broken system, but the fact that this community has collectively reverse-engineered actual working solutions gives me real hope. The congressional representative backup option also sounds promising if the direct approach hits a wall. Thank you all for sharing these real-world strategies instead of just the generic advice that gets us nowhere - this thread has given me the first concrete action plan I've had after weeks of frustration! I'll absolutely report back with my results to hopefully add another success story for the next person fighting this same battle.

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