Social Security sent overpayment notice claiming SSDI backpay conflicts with workers' comp - help with appeal?

This is unfortunately common with SSDI when workers' comp is involved. The SSA is supposed to apply the workers' comp offset before calculating backpay, but their systems don't always communicate properly. Your brother needs to request a "waiver of overpayment recovery" using Form SSA-632. Since he was not at fault (SSA made the calculation error) and repayment would cause financial hardship, he has good grounds for a waiver. Make sure he includes: 1. Copies of all original determination letters 2. Proof they knew about the workers' comp when calculating (highlight these sections) 3. Financial documentation showing hardship 4. Medical expense receipts showing how the money was spent If his initial appeal is denied, request a personal conference with a claims representative before moving to the Administrative Law Judge level. The personal conference has a higher success rate.

OMG the EXACT same thing happened to me!!! I got SSDI after my car accident in 2022 and they sent me backpay then 2 years later said I owed it ALL back bc of a tiny insurance settlement. I was litterally in tears for weeks! But I appealed and got it WAIVED!! The key is proving you spent the $ in "good faith" thinking it was yours. Take pics of medical bills, rent receipts, anything that shows where the money went. And also get a copy of your ENTIRE file from SSA using the Privacy Act - it shows when they knew about your workers comp!

I'm a disability advocate and see this situation frequently. The workers' compensation offset is one of the most poorly administered aspects of the SSDI program. What's happening is Section 224 of the Social Security Act requires that combined SSDI and workers' compensation benefits cannot exceed 80% of the person's "average current earnings" before disability. When this limit is exceeded, SSDI benefits must be reduced. The issue is that different departments at SSA often don't communicate properly, resulting in incorrect backpay calculations. Based on what you've described, your brother has an excellent case for waiver under both the "without fault" and "against equity and good conscience" provisions. Make sure he emphasizes that: 1. SSA was aware of the workers' comp (document this) 2. He relied on their determination to his detriment (paying medical bills) 3. Repayment would cause financial hardship If the initial waiver is denied, don't give up - request reconsideration, then a hearing if needed. Success rates increase at each appeal level.

my cousin had this happen but with a car insurance settlement not workrs comp. they wanted $4000 back after 2 years! she just called them and cried on the phone and they reduced it to $1000 and let her pay $20 a month. sometimes if u call enough times u get someone nice

I've been fighting an SSDI overpayment battle for 14 months now. If your brother hasn't already, he needs to immediately file for both reconsideration of the overpayment AND a separate waiver request. These are two different processes! One thing that really helped me was using Claimyr (claimyr.com) to actually get through to a real SSA agent. I was getting disconnected or waiting 3+ hours every time I called the regular number. Claimyr got me through in about 15 minutes and I finally got a competent agent who explained exactly what documentation I needed. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. The agent I reached helped me understand that for overpayment waivers, you need to focus on proving "detrimental reliance" - basically that you made financial decisions based on their determination that you can't undo. Medical bills definitely qualify for this.

I handle Social Security cases professionally. For SSDI overpayments involving workers' compensation offset issues, documentation is absolutely critical. Here's what your brother should compile: 1. A clear timeline showing when he was approved for SSDI and when he received the backpay 2. Copies of ALL communications from SSA, particularly any that mention his workers' compensation 3. Proof of how the money was spent (medical bills are perfect documentation) 4. A detailed financial statement showing current income, expenses, and why repayment would cause hardship The key legal concept for waiver is proving he was "without fault" in causing the overpayment. Since SSA knew about the workers' comp when they calculated his benefits (based on your description), this should be straightforward to establish. If his appeal is denied, don't stop there. Success rates for overpayment waivers increase significantly at the Administrative Law Judge (ALJ) hearing level, where approximately 60% of previously denied waivers are approved.

one thing nobody mentioned is CHECK THE DATES!!!! when i got my overpayment they miscalculated the dates for my workers comp! they said it was still ongoing when it had actually ended 3 months earlier! i had to send them the settlement papers 3 TIMES before they fixed it, and then the overpayment amount went way down!!!

The whole system is RIGGED against disabled ppl!!! My brother fought an overpayment for SIX MONTHS and the stress made his condition worse!!! They say "oh we made a mistake" but WE have to pay for THEIR MISTAKES???? HOW IS THAT FAIR?!!!? And then they act like we're trying to commit fraud when THEY SENT THE MONEY IN THE FIRST PLACE!!!! I'm so SICK of how this country treats disabled ppl like criminals for using benefits we PAID INTO our whole working lives!!!!

i had a friend who just ignored the overpayment notices and nothing happened for like a year then they started taking $75 out of her check each month. she said its better than paying it all back at once