Saturday, June 23, 2012

Social Security Disability and Retirement and Workers' Comp

Why, oh why, does bad news seem to always arrive in the mail on a Friday afternoon? No time to take care of it and a worry all weekend.

Yesterday, I received a notice that I have been overpaid by the Social Security Disability Administration for a total of $1,089.00 since January 2007 through December 2011. Why?

They figured that the money I received from Social Security Disability and workers' compensation payments added up to more that 80 percent of my monthly average current earnings while I was still employed. They then went back to the original amount, figured in the cost of living adjustments and will now reduce my monthly checks.

So, they have reduced my monthly benefits from $1,294.00 to $1,186.00. But, that is before Medicare costs are deducted. The actual monthly benefits were $1,204.00 and now I will receive $1,096.00. Only a $108.00 difference.

Also, I have to pay back the $1,089.00, which will be held back from my September check. That month's check will only be $97.00 minus the $90.00 for Medicare and....Starbucks!

Now, do I fight it? There is a section in the letter that states that I can challenge it if the mistake was not my fault in any way. When I was out on leave from the school before I was declared disabled by the doctors, I would give the workers' comp checks to the school and they would give me my normal paycheck amount because I had lots of sick pay and vacation time saved up. All was well until they discovered they paid me over $7,000.00 extra income. Apparently, they had not kept track of my sick pay and vacation time and just kept paying me. After the overpayment was discovered, they allowed me to keep it. Thus, is the reason for the current problem. 

For $108.00 a month, I am not going to challenge their decision. 

The good news is that at the age of 62, I can receive Social Security Retirement Benefits, which will be much more than I am receiving now. Good information!

More good news, I thought this problem might be connected to my Workers' Comp Settlement agreement, so I pulled the letter from the lawyer out of the files to read it all again. In the letter, dated 2.18.09, I missed something big:

"The settlement also provides for the Employment Development Department to accept $2500 payable by the defendant as payment in full on the lien. It may be possible for you to withdraw this amount, upon appropriate medial certification. You may reapply for said benefits after you received the settlement funds. However, this is solely within the discretion of the Employment Development Department, and I have given you no guarantee that you will in fact be able to withdraw said funds."

Ta-Da! Guess where I am going on Monday morning?

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