Social Security Overpayment Waived for Man With Parkinson’s

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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Our client, a man with Parkinson’s disease and epilepsy, was placed on Social Security disability over 15 years ago. Social Security allows recipients to continue to work while receiving benefits, as long as they don’t exceed a certain amount of earnings per month. The man continued to work, as allowed by Social Security, but made more than allowed one month. He continued to receive his payments, as usual, and his earnings did not exceed the limit in the months that followed.

Eventually, Social Security found the error. All the payments for the months after that single month were considered overpayments. His benefit payments were stopped, and Social Security ordered the man to repay over $70,000.

Without his Social Security check, the man could not afford his medication. Without his medication, he could barely speak and had trouble performing his daily activities. Despite his condition, he continued to try to work a few days each week. He had no access to health insurance or prescriptions. All these factors put stress on his family, as he and his wife struggled to raise their granddaughter with limited financial resources.

Neblett, Beard & Arsenault Guides Client Through Complicated Social Security System

The man was overwhelmed by his situation. He didn’t fully understand the process of appealing Social Security’s decision or how he could possibly pay what Social Security had demanded, so he contacted Attorney Barbara Mixon for help. Barbara knew that the key to resolving his case was to prove both that the overpayment was not his fault and that the repayment would result in an undue financial hardship.

Before the hearing, Barbara walked him through every step of the process and made sure he knew what to expect. She explained his rights and what he would need to do to resolve his case.  

Ultimately, the Judge ruled in the client’s favor. The decision allowed the client to receive continuing Social Security disability payments, past-due benefits of $17,000, and medical coverage. It also waived the entire $82,000 in Social Security overpayments, so he would not have to use his limited income to pay for the error.

The client was pleased with the result, and Barbara was happy she could help. She said, “In these cases, there is a definite and immediate benefit for clients who have worked hard all their lives and sometimes have no other way of getting help.”

If you need help understanding why Social Security has denied an application or stopped your benefits, don’t hesitate to contact an experienced attorney for answers. To talk with someone about your case today call us at 800.256.1050.


Barbara Juneau Mixon
With over 3 decades of experience, Barbara Mixon helps clients with the Social Security Disability process.