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SSDI overpayment notice of $34,000 after Ticket to Work program - stuck in appeal limbo for 2 years

I'm desperate for advice from anyone who's dealt with massive SSDI overpayment issues. I'm 59 and had been on SSDI since 2001 when I tried returning to work through the Ticket to Work program in 2022. I earned enough that my benefits stopped for a while (hit SGA limit I think?), but then got laid off during company restructuring. SSDI payments automatically resumed, but after returning to my job 4 months later, the checks kept coming for another year and a half. I actually called SSA twice about this and both times was told 'the system would catch up' and to just keep reporting my work activity. My Ticket to Work counselor even joked that I should 'save it for a rainy day' when I mentioned the continuing payments! Well, the system 'caught up' with a vengeance - got slapped with a $34,000 overpayment notice in January 2023! I immediately filed for waiver/reconsideration with proof I reported my work activity and documented my calls. My SSDI payments stopped completely, but I've heard NOTHING about my appeal for over 2 years. Every time I call they say they're 'backlogged from the pandemic' and can't tell me anything. I can't afford to repay this much money! I did everything right by reporting my work. Has anyone successfully navigated an appeal like this? How long did it take? Any strategies to get someone at SSA to actually look at my case?

That's a NIGHTMARE!!! I'm in a similar situation but only owe $8500. Been waiting 11 months for my appeal. This whole system is BROKEN!!! They want us to work but then punish us when we try??!! SSA is totally overwhelmed and doesn't care who gets crushed in their machinery. Every time I call I get a different answer or they hang up on me. I cried for days when I got my overpayment notice.

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It's really taking a toll on my mental health too. I wake up every day wondering if today's the day they'll garnish my wages or take my tax return. Have you been able to get through to an actual decision-maker at all?

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Mei Wong

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The two-year backlog for appeals is unfortunately very common right now. Since you have documentation showing you reported your work activity and contacted SSA about the continued payments, you have a strong case for at least a partial waiver. The key regulatory support is found in the SSA POMS section DI 10505.015 regarding "without fault" determinations. A few suggestions: 1. Contact your local Congressional representative's office and request a Congressional inquiry. This can often expedite review of your case. 2. Request an in-person hearing at your local office specifically for the overpayment issue. 3. Ask for a copy of your complete file through a Freedom of Information Act request to ensure you have all documentation. 4. Consider requesting a payment plan of as little as $10/month while your appeal is pending to show good faith. The Ticket to Work program is supposed to have protections specifically for situations like yours, especially since you reported the work activity appropriately.

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Thank you so much for this detailed advice. I never thought about contacting my Congressional rep - that's brilliant! I'll start with that tomorrow. And I had no idea I could request such a small payment plan while waiting. That would at least give me some peace of mind that they won't come after everything at once.

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Liam Fitzgerald

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omg they did this to my uncle too!! he owed like $40k and fought it for 3 years and they finally dropped it. but he had kept all his pay stubs and had letters proving he told them about his job. do u have any proof u reported your work? thats what they care about

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Yes! I have copies of my earnings reports, notes from the dates I called (though I wish I had names of who I spoke with), and emails to my Ticket to Work counselor discussing the situation. I'm just worried they're going to say it wasn't enough or that I should have known better than to accept the payments.

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PixelWarrior

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Have you filed Form SSA-632 (Request for Waiver of Overpayment Recovery)? This is different from a reconsideration. It sounds like you qualify under the "not at fault" provision since you reported your work activity and were even told by SSA representatives to keep the payments. For the immediate issue of getting your case reviewed after such a long wait, I'd recommend using Claimyr (claimyr.com) to get through to an actual SSA representative. They'll connect you directly with minimal wait times. I was in appeal limbo for months until I used their service to get through to someone who could actually look at my file. You can see how it works here: https://youtu.be/Z-BRbJw3puU Also, make sure you request an itemized statement of the alleged overpayment amount. I've seen many cases where SSA's calculations were incorrect and the actual amount owed was much less.

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I filed both a Request for Reconsideration and a Waiver form right away, but maybe they're only processing one? I'll definitely look into Claimyr - at this point I'd try anything to get through to someone who can actually help. And requesting an itemized statement is a great idea - I hadn't thought of that!

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Liam Fitzgerald

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just looked up clamyr and its actually real lol. gonna try it for my mom who's been trying to reach ssa for weeks

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Amara Adebayo

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My sister went through this. It helps to know the buzzwords. Ask specifically about "administrative finality" (they can only go back a certain time) and make sure to emphasize the "without fault" part of your waiver. If the Ticket to Work counselor told you to keep the $, get that in writing somehow!!

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THIS!!! I learned about "administrative finality" from my lawyer and it cut my overpayment by half because they can only go back 2 years in most cases! SSA purposely doesn't tell people this!!

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Giovanni Rossi

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I had a similar situation but with only $9,000 overpayment. It took 18 months, but they eventually approved my waiver. The key was documenting EVERYTHING. I sent in my waiver request via certified mail with return receipt, kept a call log with dates, times, and names of everyone I spoke with, and followed up every 30 days in writing. I think what finally pushed my case forward was when I contacted my Senator's office. They have caseworkers who specialize in helping constituents with federal agencies. Within 3 weeks of their inquiry, I suddenly got movement on my case. The most frustrating part was that I had done everything right - reported my work, called when payments continued, kept records - and STILL had to fight this battle. The Ticket to Work program is supposed to make returning to work easier, not create these nightmares.

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That's exactly how I feel - punished for trying to do the right thing! I'm definitely going to contact my Senator's office. Did you have to go in person or did you call/email them? I'm wondering what documentation I should have ready when I contact them.

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Giovanni Rossi

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Most Senate offices have a form on their website specifically for constituent services. I filled that out, then got a call from a caseworker who asked for my SSN, contact info, and a brief description of the issue. I also emailed her copies of my overpayment notice and waiver request. She was incredibly helpful and knew exactly how to navigate the system. Definitely have your claim number, dates of employment, copies of any SSA notices, and a timeline of your communications with SSA ready when you contact them.

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i'm on ticket to work now and this scares me to death!!!! did u report ur work on the my social security website or just by phone?? i report online every month but now im worried thats not enough

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Mei Wong

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Online reporting through my Social Security is absolutely valid and creates a digital record, which is actually better than phone reporting in many ways. To be extra safe, take screenshots of your confirmation pages after reporting, and check your benefit status monthly. If you notice payments continuing when they shouldn't, document your attempts to notify SSA in writing (not just by phone).

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Did anyone else notice how the SSA employees NEVER give you their employee ID when you call?? They're trained not to! That way you can't prove who told you what!!! It's a deliberate trap! ALWAYS ask for their ID number and write it down!!! I learned this the hard way.

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I just wanted to update everyone - I followed the advice to contact my Congressional representative, and their office actually called me back the same day! They've assigned a caseworker who's going to send an inquiry to SSA on my behalf. She said they often see cases like mine and that having their office involved usually speeds things up significantly. Thanks everyone for your help - I'll post again when I have news!

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Amara Adebayo

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That's great! My brother had a Medicare issue that was stuck for months, and his rep's office got it fixed in 2 weeks. Government agencies seem to respond much faster when Congress is asking questions!

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