In my law practice, I handle both Social Security disability cases and consumer bankruptcy matters.   As such, I regularly get calls from other attorneys and potential clients about issues where these two practice areas overlap.

One of the most common questions I get has to do with the question of whether a Social Security disability overpayment may be discharged in a bankruptcy.  Overpayments occur when disability claimants continue to receive benefits even when they have returned to work or are otherwise not eligible for payment.

Often, the person receiving the payment does not know that he/she is not eligible.  Social Security has a number of programs designed to encourage disabled claimants to return to work, and most of these programs provide for several months of continuing disability payments while a claimant tries to return to work. Continue reading →