can social security be denied?

dustykneesMay 30, 2006

a neighbor is on social security disability.payments started in late 2002. in late 2004 he started working as a security guard for the minimum hourly wage. he never reported his job to the Social security administration.

last week he received a letter which he is suppose to fill out and send back to the adminstration.it stated that his wages for 2004 are not reported. it also went on to say that to keep receiving disability checks would depend on the answers he gave.he made over $11,000 last year. this year he is working less hours.

what is he up against? yes, a big corporation. but does anyone know what his future might be? he's a diabetic. but not sure if he would be considered disabled now.

i told him not to worry. he's 63. he can still draw social security. he worked over 30 years for the same company.

later. i got to thinking. was i wrong to tell him that he can still draw because of his work record?

it's a right to draw social security isn't it?

although he'd be drawing less at this age than he would if he waited until he's 65. but the way its looking. he might have to. what do you folks think? any suggestions/info?

any inside information that i can help him with?

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devorah

Your neighbor's biggest problem to sort out at the moment is the potential for a criminal charge of fraud and theft of public money. I think he needs a lawyer to broker a settlement. My guess is that he can make a structured payback of the money and still collect social security though it will be less than what he has been collecting for disability.

    Bookmark   May 31, 2006 at 10:50AM
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jannie

When applying for DISABILITY benefits, you agree to report income from work or self-employment and/or a medical improvement in your condition. Your friend may not have fully understood this when he first applied. However, since your friend is over age 62, he MAY be eligible for RETIREMENT (not Disability) benefits. These benefits would be reduced for age since your friend is younger than full retirement age. Have him ask Social Security for more information. If he is indeed overpaid, he has several options- pay back the full amount in one lump sum, spread out the debt by monthly refunds, or file for Reconsideration or Waiver. "Reconsideration" means he disagrees with the facts of the overpayment. If he wants to have the overpayment waived (forgiven), he will have to prove that 1. he did not cause the overpayment AND 2. that it will cause him financial hardship to pay it back. Again, contact Social Security. Visit your local office in person or call 1-800-772-1213 for information and/or an appointment.

    Bookmark   June 1, 2006 at 4:13PM
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pinecone

jannie
can he go to just any Social Security Office?
I know there are complaints about some SS Offices.
I went with a friend who was unable to drive and she was treated bad in my opinion.
But I went with another friend who could not drive and she was treated nice.
A neighbor retired last year and she was so mad at the attitude of the SS Office she said she would never go there again. Wish I had asked her if she had to or could go to another office. She just turned 65 and 4 mo. Her retirement age.

Happy Trails till we meet again,

pinecone

    Bookmark   June 4, 2006 at 10:32PM
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jannie

Anyone can go to any SS office they like. Every office services a certain "area" based on zip codes. However,they are open to the public and cannot send anyone away simply because it is not their "home area" office. If you had a bad experience at one particular office, it may have been the fault of one cranky person. Maybe the person you dealt with was simply having a bad day. Hard to say. But if you feel uneasy at an office , it is your personal decision to try another.

    Bookmark   June 8, 2006 at 10:33AM
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minnie_tx

When I took retirement I did everything over the phone with Soc Sec They told me what documents to send in etc. That was in Florida

    Bookmark   June 9, 2006 at 12:18AM
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agnespuffin

I don't think that regular social security payments can be denied, but they can be withheld to pay off money owned to the Government. In this case, he may owe some sort of penalty and fine, with interest.

"Disability" implies that he can't find a job that he can handle.

    Bookmark   July 30, 2006 at 7:37PM
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jannie

The Social Security meaning of "Disability" means that someone has a medical (physical or mental) problem that prevents him/him from performing work activities for a period of at least a year or is expected to end in death. Level of education, age, work history, and availability of jobs are given some consideration.

    Bookmark   July 31, 2006 at 11:39AM
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