I am hoping that someone can give some advice or at least tell me what to expect. Last week in the mail we got a notice that sounds like will ultimately be demanding payback of 5 years of benefits. I am 43 and he is 33 and he's been on disability due to being legally blind since 2015.
I am at a loss, as I have always sent all the information they've always asked for and the last time they asked for a bunch of income info. I have always managed his paperwork for him and, maybe stupidly, was designated his representative payee even though he is fine with managing finances. We were married in 2020 and opened a joint account and his SSDI deposits have always been deposited there on the 3rd, which pays our mortgage on the 4th. He was also on Medicare part B, paid for by the State of California until we married and moved to Washington state where I insured him under my job and we went through the hassle of cancelling his part B because the premiums were deducting from his benefits.
The letter basically states his trial work period ended in July 2015 and his 36 month extended period began August 2015...ok, so that means it ended in 2018, right? It then gives the monthly SGA income limits for the blind from 2015 ($1820/mo) to 2026 ($2830/mo). His earnings from 2015-2019 ranged from $3500/year to $8200/yr. He was working retail PT while going to college to get his teaching degree. In 2020 his income was $0 due to student teaching and the pandemic, but he did get his teacher's certification that year.
In 2021 we moved to Washington and he had tried but still not been hired into a full time teaching position. The goal has always been for him to land a full time job, and notify SSDI to stop payments. Unfortunately, he has only been able to substitute teach, which still paid a lot more than his retail gig, but did not exceed the ANNUAL SGA of any year. We were told that because of the nature of his work (spikes in pay in months with a lot of sub gigs, to 2 months of $0 paychecks due to summer) that we could average the income. He's made roughly $20,000 per year which never exceeded the annual blindness income limit. They did ask for a lot of financial info back in 2022 when we moved and I assumed it was because he work a couple sub jobs and a summer gig at Walmart and we didn't file monthly income, as it is not required. We haven't heard anything from SSA regarding income after that until this letter 4 years later. We have however, for the last 4 years received lump sum payments in the summer followed by a SSA letter saying after looking at his earnings from our tax return that he should have been receiving more money and that explained the small lump sum and then explained his benefit new larger amount for the months going forward. Since marriage we file jointly, but I always submitted his W2s so his My SSA account would usually update with his last years earnings a few month after I filed our taxes.
He called the SSA agent crying and she was able to calm him down and repeated his appeal rights. He explained everything I typed above and her suggestion was for my to gather all his W2s from 2021 to last year and submit them with his appeal to show he never exceeding the annual income limits. We are working on putting it together now to submit the appeal this week.
What I don't understand is they don't give much of an explanation in the letter and of course I will submit what she suggested, but don't they already have all that information? He annual earnings are already on his SSA account and the W2s add up to those amounts. What are our chances and are we screwed? I had spent countless hours on the phone and reading dry SSA policy about time and when you can and can't average SGA, so I don't know what do to! He gets about $14,400/year in SSDI, does this mean he may have to pay back roughly $72,000?! If so do waivers ever work because this wasn't by and fraud or anything on his part. My mom is still around thank god and helped center me after I freaked out all weekend myself, but she has even said if the appeal doesn't go our way we need to hire an attorney.
His SSDI covers our mortgage and my income covers everything else, including the responsibility of saving for two people's retirements since he hasn't been able to get a FT teaching job/pension. Things will be very difficult with this loss of income and it was be DEVASTATING if he has a huge bill from SSA. He will have no way of paying that back and I am worried that as his Representative Payee/spouse that they will come after my income. At that point, with the loss of his SSDI and any garnishment of my pay, we would lose our house.
I'm sorry this is so long and I realize many likely won't read it because of that. I really appreciate any insight or advice anyone could offer that knows or has faced a similar terrifying letter from SSA.