Fighting Social Security overpayment without income issues - attorney worth it?

I went through something similar last year, though it was about SSDI benefits rather than widow's benefits. My situation involved SSA claiming I hadn't reported a worker's comp settlement (I had). An attorney was 100% worth it in my case. Look for someone who specializes in Social Security issues specifically - not just any lawyer. Mine charged a flat fee of $1,500 which felt steep, but he got my entire $12,400 overpayment waived. The key was having someone who knew exactly what forms to file and what evidence would convince them. Make sure you request a waiver using Form SSA-632 immediately if you haven't already - that should stop collection efforts while they review your case. Also request your complete file from SSA so your attorney can see everything they're basing this on.

my sister had this EXACT thing happen!!! they claimed she was married when she wasnt and wanted 9000 back!!! she fought it herself with no lawyer and they still took 100 bucks from each check for like 2 yrs. total nightmare. i think lawyer is smart decision!!!

Listen I've been through the ringer with these people and they ALWAYS side with their own decision first. Two things tho: 1) You need to know that if your reconsideration is denied you only have 60 DAYS to request a hearing in front of an administrative law judge. DO NOT MISS THIS DEADLINE!!! 2) The whole time this is happening they CAN start taking money back from your checks. They're supposed to work with you on a payment plan but they don't always do this right. I think a lawyer is worth it BUT only if you can find one who will take just a percentage if they win. Some will do that. DON'T pay thousands up front when you're already struggling.

I work with Social Security cases regularly, and I want to clarify some important points about your situation: 1. For widow's benefits, your marital status is indeed critical. If SSA believes you remarried before age 60, that would affect eligibility. Legal separation isn't necessarily recognized by SSA - they typically look at the final divorce decree. 2. For overpayment disputes not related to work activity, attorneys can be very effective, especially in cases involving marital status disputes. Look for attorneys who accept fees only if approved by SSA (usually 25% of past-due benefits with a cap). 3. Most importantly, you need to request two things separately: - Reconsideration of the fact of the overpayment (Form SSA-561) - Waiver of recovery of the overpayment (Form SSA-632) The distinction is important - the first disputes that an overpayment occurred at all; the second says even if it did occur, you shouldn't have to pay it back due to financial hardship or not being at fault. Request your complete file through a Freedom of Information Act request so you can see exactly what evidence they're using to claim you remarried.

I've had HORRIBLE experiences trying to call Social Security about my overpayment issues. Hours on hold just to get disconnected. Finally I found a service called Claimyr that got me through to an actual SSA agent in under 5 minutes! I was shocked. You can see how it works in their video demo here: https://youtu.be/Z-BRbJw3puU Their website is claimyr.com - honestly it saved me so much frustration. I was able to get clarification on my overpayment notice and set up a manageable repayment plan. Might be worth trying before spending money on an attorney.

ok so i had this same type of thing happen with an overpayment for my kids survivor benefits. they said my kid wasnt eligible for the past 8 months and wanted $3,400 back. i did NOT use a lawyer because i couldnt afford it. what i did was go to my local social security office IN PERSON with all my documents. took 3 hours of waiting but the lady there actually fixed it right away when she saw my paperwork!!! sometimes the people on the phone dont know what their doing but in person they can actually see your documents. just my experience, good luck!!!!!

To answer your timeline question - overpayment cases with attorney representation typically take 3-8 months to resolve, depending on your local ODAR (Office of Disability Adjudication and Review) backlog. During this time, if you've filed the SSA-632 waiver request, you can request that they temporarily stop recovery efforts. One more important point: SSA can only withhold 10% of your monthly benefit for most overpayment recoveries (with some exceptions). If they try to take more, an attorney can immediately address this. Given your limited income, make sure to document all your expenses on the SSA-632 form to demonstrate that any repayment would cause financial hardship.

i just remembered my sister also went to legal aid!!! they have free lawyers who help with SS stuff sometimes. maybe try calling them in your area???

To answer your earlier question - yes, my attorney handled almost all communication with SSA after I hired him. I only had to attend one meeting where I signed some paperwork and answered questions about my finances for the hardship portion of the waiver. He did all the calling, document submission, and follow-up. That alone was worth the fee to me - the stress reduction was significant. Also want to emphasize what someone else mentioned about legal aid societies - many have attorneys who specialize in Social Security issues and provide free or reduced-cost representation for people on fixed incomes. The National Organization of Social Security Claimants' Representatives (NOSSCR) can also help you find attorneys who handle these specific types of cases.

One warning from my experience - watch out for the timing of everything! If they deny your reconsideration and then you request a hearing with the ALJ, there can be a gap where they start taking money. I had that happen and it was a NIGHTMARE getting those funds back even after I won my case. Make sure any attorney you hire knows to file for continued benefits during appeal if that's an option in your case.

Thank you everyone for all this helpful information! I've decided to: 1) File the SSA-632 waiver form TODAY, 2) Contact legal aid in my county tomorrow morning, 3) Submit a FOIA request for my file, and 4) Try to make an in-person appointment at my local office. If legal aid can't help, I'll look for an attorney who specializes in Social Security and works on contingency. I feel so much better having a plan now. Will update once I have news!