Legal Question in Social Security Law in North Carolina

I was awarded SS disability and at the same time was informed that because I was receiving a Schedule Award from USPS and I was receiving too much money that I was not eligible until the Schedule Award lapsed. At the time I had already received Postal Disability and had retired with Postal Disability. OPM after paying me for 18 months came back and asserted that they had paid me wrong because I had received a SS disability award they should have deducted that money from their payment even though it was never paid me.

Is it possible to have SS rescind their award until after I truly qualify after my Schedule award lapses? How can you be awarded something and at the same time not be eligible? OPM is now billing me for $24,000 that SS would have paid me but didn't. What is the best course of action to take? OPM has already issued it's final decision not in my favor and all that is left is a Merit Board.

Asked on 11/07/13, 12:36 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

You need to go back to your disability attorney or speak to a new one. This is a common occurrence. You were receiving a disability payment from one group while you were applying for SSDI. You unfortunately are limited in what you can collect and an "overpayment" can occur. Seek counsel to determine what can be done in your case.

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Answered on 11/08/13, 9:35 am

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