Nickname - Message
<JC> From Guest65400: am working with an SSDI vs work comp case - I know the 2 don't mix - is recon still advisable?
<JC> that is a question outside of the overpayment context. it is advisable that the individual talk to an attorney to understand the differences between the two and what evidence is needed under each program. there are plenty of worker's comp attorneys that can help with navigating these systems.
<JC> From Guest53792: What does a person do when no 60 notice of tax refund has been sent by SSA to the Beneficiary?
<JC> good question. that seems to be happening a lot this year. individuals can contest that they did not receive the notice. I will refer you to the POMS GN 02201.030 for what a person has to prove to get the refund back when they were not notified. It is on the last page of this POMS.
<JC> From Guest99344: I have a consumer who is still receiving her SSDI benefits, even though they should have ended a year ago due to work activity. I advised her to report this to SSA and request Expedited Reinstatement, so any future SSDI she receives does not contribute to her existing overpayment. However, she was told she couldn't get Expedited Reinstatement because her case hadn't been terminated yet...
<JC> In this situation, I would contact your AWIC and ask them to pull the case and complete the work activity as soon as possible. This is the type of thing that the AWIC is supposed to do. If you do not know who your AWIC is, I would contact your TA liaison at VCU for the contact person.
<JC> From Guest57979: What is the address of the web page where you have posted the PowerPoint presentation? Thanks!
<JC> it is the webcast page.
<JC> From Guest93344: Is there a limit to the number of times an individual can request an administrative waiver?
<JC> nope.
<JC> From Guest72795: nick Gayle You made the comment about wage garnishment occurring after a person leaves the SSA roles, is employed and has never dealt with the overpayment issue. How can they not have dealt with the overpayment issue while receiving benefits?
<JC> because often times SSA does not discover the overpayment issue until after they have left benefits OR SSA discovers the overpayment and terminates their benefits and the individual does nothing and keeps on working.
<JC> From Guest93344: Does SSA recoup federal and state tax returns, or is it limited to federal only?
<JC> to my knowledge, it is only federal income tax. i have never heard of a state refund being intercepted. but, i can check into that to see if it has ever happened before. i don' t think there is the administrative power to do that.
<JC> From Guest38325: Can you explain again what circumstances would benefit from trying the reconsideration vs. the waiver?
<JC> In almost all cases, the recon should be filed just to make sure that the overpayment amount is correct. You would never want to file a waiver if a recon is possible. Why get an overpayment waived when it is incorrect to begin with? SSA does look to see if you have filed waivers in the past and can take that into consideration (although they cannot STOP you from filing a waiver, if you have had an amount waived in the past, SSA can decide that you "should have known better this time") , s
<JC> From Guest99344: What is the SSDI "hardship exemption" so SSA doesn't start collecting a beneficiary's entire check due to an overpayment and how does a consumer request it? I see entire SSDI checks being taken often.
<JC> this is a pretty flexible standard. it is true that often an individual's entire check will be taken. that individual needs to go to the local office and file a reconsideration or waiver. or, they need to go in and work out a payment plan ASAP to start their benefits up again.
<JC> From Guest53923: where do you access the fact sheet?
<JC> scroll down and it is under PPT
<JC> From Guest03939: with direct deposit, people often move and don't need to notify SSA of address changes. how does/should SSA be notified of change of addresses and would this solve the notice problem??
<JC> it may. individuals should always give SSA local offices their most up to date address information.
<JC> From Guest99344: You mentioned that financial considerations are irrelevant for "equity and good conscience" waivers. Does this mean the consumer could have over $3000 in resources and still do a waiver based on this?
<JC> absolutely. equity and good conscience waivers apply even to millionaires as financial resources and income are not taken into account.
<JC> From Guest80310: It is essential that the consumer keep all documentation of reporting their earnings. I had a consumer who is on SSI and got a job with the County after graduating from High School. He reported his earnings both to SSA and us (agency for his records in his file due to his disability) They opened his file and all his correspondences were in his file unopened. I requested a Wavier and he got it.
<JC> CONGRATULATIONS! this is the perfect waiver case. he reported his income.
<JC> From Guest80067: i have a client that has a $60,000 overpayment on ssdi and is now receiving a full ssi check - how would this have happened?
<JC> under the old regulations, you could not collect an SSDI overpayment from an SSI check. that has now changed, though. i bet in the near future, if he/she does not deal with the overpayment issue, he will see a 10% deduction in his SSI check.
<JC> From Guest80310: Is there rules on for individuals who is on SSDI benefits and has both an overpayment issue and child support issue? Is there a limit on garnishing SSDI benefits on Child Support?
<JC> that is going to vary from state to state. however, ssdi checks can be garnished to pay child support. SSDI has no rules on how much is garnished. that is decided by the local child support laws.
<JC> From Guest79737: Is SSA-632 Bk form for both SSI and SSDI?
<JC> yes.
<JC> From Guest99344: For the Expedited Reinstatement question, what happens if she keeps getting her regular SSDI (and spending it, because she needs it) - will that be a waivable overpayment eventually? She KNOWS she should be getting EXR instead.
<JC> i would hope so and that is what i am arguing in a current case. i have no definitive answer on that, though. she needs to clear things up asap as this is not a sure thing----better to deal with this now and get terminated and reinstated to stop the current overpayment than to worry about this later.
<JC> From Guest93371: Had you mentioned that if a SSI recipient was o/p because of excess resources they would only be responsible for paying back the amount that exceeded the 2K $ limit?
<JC> yes. it is called the SSI resource recoupment rule.
<JC> From Guest07508: You did not discuss auxiliary beneficiaries - if a client's child is receiving benefits, would they have to request a separate waiver to restore their childs' benefits in the event these auxiliary benefits were terminated due to parent's loss of benefits?
<JC> as you know, the child's benefits are terminated when the parent's benefits are terminated. if there is an overpayment involved, the child can file a waiver request as well----this is a particularly good waiver case if the client and child are living in separate households. however, let me be clear. you cannot file a waiver to RESTORE benefits that the person is not entitled to currently. rather, a waiver will stop the recoupment from current benefits. the person still has to be eligible
<JC> From Guest45515: If an individual goes into an office for a personal conference, waiver is denied and they offer a payment plan, but SSA demands over $300.00 per month, and has already taken the entire SSDI check, how does a person fulfill the commitment?
<JC> well, paying the $300 will stop the taking of then entire check. I might talk to the AWIC about the unreasonableness of the local office in this case. $300 is not a fair amount.
<JC> From Guest19448: How can we assist those beneficiaries who have mental impairments with overpayment issues? Most of the time, they are referred by another agency or by a consumer who has used our services.
<JC> assuming you are a BPAO or a PABSS not taking overpayment cases, you can advise them to file a reconsideration, waiver, or work out a payment plan. most importantly, you stress with them that there is a SOLUTION to this problem, one way or another.
<JC> From Guest99344: For SSI recipients under age 18 who get overpayments, and their parent is their payee (and the parent works), on the waiver form does income and expense information need to be filled out by the parent?
<JC> i think the waiver form asks for entire household income. but, double check that. and report exactly what SSA asks for.
<JC> From Guest48776: is it futile to request a Recon after the 60th day?
<JC> maybe not. it depends on if they can prove "good cause" for missing the filing deadline. "good cause" has a specific meaning in the regs and POMS. "good cause" does not include just forgetting, etc.
<JC> From Cathy: We had technical difficulties with streaming. To whom should we address these prior to next week's session?
<JC> e-mail tcblanke@vcu.edu.