Social Security Disability Recipient Receives News of Claw Back, Stopped Payments Among Changing Laws – Get Legal Help With Your Social Security Disability Case Now
A recent story about a Virginia educator that got hit not only with a notice to repay “overpaid” benefits, but who was also simultaneously cut off from receiving benefits after over 25 years of receiving them, comes as a surprise to disabled and retired Americans alike. According to news reports, Virginia educator Curtis Brandon worked in public education for thirty years and began receiving disability benefits in 2019. After transitioning to retirement benefits in 2022, he was stunned this June when the Social Security Administration (SSA) sent him a letter claiming the SSA had overpaid him roughly $5,900. The letter stated: “Since we did not stop payments in a timely manner, you are overpaid,” and abruptly cut off his June benefit payments without detailed explanation or specific dates on the alleged overpayment. Brandon disputed the claim, arguing that since he had already shifted from disability to retirement benefits in 2022, he had not received disability payments, and he was not notified about any discrepancy by the SSA. However, a few days after submitting an appeal to the SSA, Brandon discovered that his monthly SSD payment had not arrived. Shortly thereafter, he received another letter announcing that his retirement benefits were also being discontinued.
The SSA’s sudden reversal left Brandon financially vulnerable. Brandon said of the confusion, “When I see two conflicting documents, that tells me that their system is not up to date.” Unfortunately, Brandon may not be the only SSD recipient who has had to deal with confusing claw back issues. Indeed, according to a public benefits attorney and former SSA employee, Victoria Richardson of the Virginia Poverty Law Center, recent changes in SSA overpayment protocols have created inconsistency and confusion both for staff and beneficiaries. To wit, she stated “It’s kind of a mess.” In addition, due to the “uncertainty surrounding SSA’s changing policies,” Richardson provided advice to SSD beneficiaries, encouraging them “be proactive in reporting all changes in circumstances and any unexpected variations in monthly payments.”
Getting Legal Help with Your Social Security Disability Case in a Changing Landscape
Virginia Richardson also provided some information about the options SSD beneficiaries have if they are sent an overpayment letter. First, SSD recipients can file a reconsideration request. Secondly, if an SSD recipient was, in fact, overpaid, but cannot afford to pay back the overpayment, and the oversight was not their fault, they can request a waiver. Lastly, Richardson advises, “If you agree to pay back an overpayment but not at the stated recovery rate, you can request a change in the withholding rate.”
In addition to this practical advice, it is important for SSD recipients, and those who are seeking SSD benefits, to know that they have the right to consult with an experienced Social Security Disability lawyer about their Social Security Disability case. An experienced Social Security Disability lawyer can help you navigate the complex Social Security Disability benefits process and fight to get SSD benefits due to you.
If you are seeking legal help with your Social Security Disability case, contact the experienced Social Security Disability lawyers at Nationwide Disability Law. Contact Nationwide Disability Law today and speak with a lawyer now.
Source:
wtvr.com/news/local-news/curtis-brandon-social-security-july-22-2025
