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Anastasia Ivanova

SSDI overpayment confusion after workers' comp offset - got partial refund but still showing $3900 debt?

Going crazy trying to understand what Social Security is doing with my SSDI overpayment case. About 18 months ago, SSA claimed I had a $7,300 overpayment because they didn't properly calculate my workers' compensation offset. I immediately filed an appeal and requested a hearing with an Administrative Law Judge (still waiting on that date). Here's where it gets weird - last month they suddenly sent me a $3,400 payment and reduced my "overpayment balance" from $7,300 to $3,900. No explanation, just deposited the money. If they're admitting they owe me $3,400 back, doesn't that basically prove their original overpayment calculation was wrong? And if that's the case, shouldn't they just wipe out the remaining $3,900 "debt" too? The workers' comp ended 2 years ago, so there's no ongoing offset issue. I'm completely lost about what this partial refund means for my case. Anyone dealt with something similar or understand what's happening?

This actually makes perfect sense. The $3,400 payment likely means SSA recalculated your offset and determined they had withheld too much from your SSDI benefits for that portion. The remaining $3,900 could still be valid if they determined you were overpaid during a different period. Workers' comp offset calculations are extremely complicated. They have to calculate a monthly average based on your lump sum settlement (if applicable), apply the 80% ACE (Average Current Earnings) threshold, and determine your correct SSDI payment after reduction. When you meet with the ALJ, bring documentation showing: (1) exact workers' comp payment amounts/dates, (2) your pre-disability earnings history, and (3) any settlement documents. They'll need to verify your ACE was calculated correctly.

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Thanks for explaining. I didn't get a lump sum though - it was weekly payments for about 3 years. What's confusing me is they never broke down the $7,300 overpayment by time periods or explained WHY they think I was overpaid. The letter just said "due to workers compensation offset." How would I even know which periods they're claiming were wrong?

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i had something similar with my ssdi and workers comp but mine was like $4k they said i owed. fought it for almost a year and then one day got a notice saying overpayment was removed. no explanation just gone! the whole workers comp + ssdi thing is a mess. keep fighting it and make sure you request all your records from ssa because sometimes they dont even have the right info to begin with

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Did you have to do anything special to get the overpayment removed? Or did they just suddenly decide you were right all along? I'm worried my ALJ hearing might not happen for another year with how backed up the system is.

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This partial repayment actually strengthens your case before the ALJ. It shows Social Security has already acknowledged an error in their original calculation. You should immediately request a detailed, written explanation of: 1. Why the $3,400 was returned to you 2. What periods this covers 3. The specific calculation used for the remaining $3,900 alleged overpayment By law, they must provide this information. Use Form SSA-561-U2 (Request for Reconsideration) specifically requesting this breakdown. Also request your full file through a Freedom of Information Act request to see their internal notes. Based on what you've shared, it sounds like they may have applied the workers' comp offset incorrectly or used the wrong ACE calculation. The fact that they've already refunded part suggests their initial calculations were flawed.

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good advice! my brother went through this exact thing and the FOIA request was a game changer - showed they had completely messed up his earnings record when calculating his ACE. Took some work but he got the whole overpayment dismissed

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THE SYSTEM IS RIGGED!! They ALWAYS claim overpayments then quietly give back HALF hoping you'll just accept it and not fight for the rest!!! I've seen this EXACT SAME PATTERN with at least 4 people in my support group. They know most people can't afford lawyers to fight this stuff. They count on people giving up!!! DON'T accept partial payment as solving anything. They're hoping you'll be so relieved to get some money back that you won't fight for the rest. KEEP PUSHING for that ALJ hearing!!!!

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That's exactly what I was wondering - if this is some kind of tactic to make me drop the appeal. I'm definitely not going to, but it's really stressful having this $3,900 "debt" hanging over me when I don't believe I owe anything.

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have you tried calling ssa to ask whats going on with the partial refund? might be faster than waiting for the alj hearing

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Tried calling about 6 times but either get disconnected or wait on hold for 2+ hours before giving up. My local office doesn't take walk-ins for SSDI issues anymore - just tells you to call the 800 number. It's impossible to get answers.

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I had the same problem getting through to SSA about my disability review. After wasting days trying to call, I used a service called Claimyr that got me connected to an actual SSA agent in about 15 minutes instead of hours on hold. Saved me so much frustration. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU For complicated issues like offset calculations, you really need to speak with someone who can see your full file. Worth considering if you're getting nowhere with the regular SSA phone line.

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Just to clarify something important - when you receive both workers' compensation and SSDI, your combined benefits cannot exceed 80% of your average current earnings (ACE). This is called the offset provision. What likely happened is that SSA initially calculated your offset incorrectly, then partially corrected it with the $3,400 payment. The remaining $3,900 could be for a different time period or using a different calculation method. For your ALJ hearing, you need to: 1. Know your ACE amount (should be on your award letter) 2. Have documentation of the exact workers' comp payments by month 3. Calculate 80% of your ACE 4. Show that your combined WC+SSDI was below this threshold If you present this clearly at your hearing, you have a good chance of success based on what you've described.

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this is why so many people give up fighting ssa!!! all this math makes my head spin and most people don't understand how to calculate all this offset stuff. i bet most people just pay whatever ssa says they owe even when its wrong

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I understand the 80% rule, but what's weird is my WC was pretty low compared to my prior earnings (about 60% of what I made before). So even with SSDI added, we should have been under 80% the whole time. That's what makes this so frustrating - I don't think there should have been much offset at all, if any.

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Based on your additional comments, I strongly suspect there was an error in how they calculated your Average Current Earnings (ACE). There are actually three different ways SSA can calculate ACE, and they're supposed to use the highest one: 1. The average monthly earnings from your highest single calendar year in the 5 years before disability 2. The average monthly earnings from your highest 5 consecutive years 3. The average monthly earnings over the entire period you've worked under Social Security If they used the wrong method or had incorrect earnings records, it would explain both the original overpayment claim and the partial refund. It's not uncommon for SSA to correct part of an error while missing the full picture. For your ALJ hearing, I recommend bringing your tax returns from the 5 years before disability to show your highest earning year.

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This is incredibly helpful information - thank you! I had no idea there were three different ACE calculation methods. I bet they used the wrong one initially. I'll definitely bring my tax returns to the hearing.

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my cousin works for ssa (not saying where) and she says the workers comp offset errors are super common. they have different people handling different parts of your case and the left hand doesnt know what the right hand is doing half the time. that $3400 was probably processed by someone who saw part of the error but not all of it. keep pushing!

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I'm dealing with something very similar right now - SSA claimed I had a $5,200 overpayment from workers' comp offset issues, and I've been fighting it for over a year. The whole system seems designed to confuse people into just accepting whatever they say you owe. One thing that helped me was getting a copy of my earnings record (Form SSA-7050-F4) to verify they had my pre-disability wages correct. Turns out they were missing an entire year of earnings that would have increased my ACE calculation significantly. Also, if you haven't already, document EVERYTHING - dates of all your workers' comp payments, the exact amounts, and when they started/stopped. The burden is on them to prove the overpayment is correct, not on you to prove it's wrong. That partial $3,400 refund is actually great evidence that their original calculation was flawed. Don't let them wear you down. The fact that you're still waiting for your ALJ hearing after 18 months is ridiculous, but it's unfortunately typical. Stay strong and keep all your documentation organized for when that hearing finally happens.

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