Fighting SSI Overpayment

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Sep 11, 2020 | Sara Khaki

Supplemental Security Income (SSI) overpayment is what happens when you receive more money than what you are entitled to based on your level of impairment and available resources. If the Social Security Administration (SSA) determines that you have received too much in SSI benefits, it will deduct money from future payments. For this reason, you should not hesitate to contact a lawyer as soon as you receive notice of overpayment.

Reasons for Overpayment

Overpayment can occur for various reasons, including:

  • Incorrect or incomplete information on an application;
  • Your living situation has changed;
  • Your marital status has changed;
  • You are no longer disabled but still receive benefits; and
  • Failure to report a change in eligibility for Social Security.

What Should I Do if I Receive a Notice of Overpayment?

First, ensure the notice is correct in its entirety by looking at the information, amounts, and dates. Next, there are several options available to handle an overpayment notice, including requesting a reconsideration, requesting a waiver, or arranging payment. Regardless, any appeal must be submitted in writing to your local SSA office.

Reconsideration

You may file for reconsideration within 60 days of receiving a notice of overpayment. Filing a request for reconsideration indicates to the SSA that you believe the agency was wrong in either the amount or the reason for overpayment. Doing so will prompt a reinvestigation and, ultimately, another decision. If the SSA still rules an overpayment has happened, you may appeal this decision but will automatically begin paying back the agency in the meantime.

Waiver

You may request a waiver to forgive the overpayment if it was not your fault and are unable to meet normal living expenses (i.e. paying the SSA back would cause undue hardship). Requesting a waiver means you agree there was an overpayment, but at no fault of your own, and are not required to pay back the SSA. For amounts of $1,000 or less, the SSA will automatically waive the overpayment as long as you apply for a waiver and can prove that it’s not your fault.

Arranging Payment

If the SSA find that you are responsible for the overpayment and can afford to pay it back, you may request a payment plan to make it more affordable. Arranging payment means you agree with the amount and reason for the overpayment and will payback what is owed. Generally, 10 percent of the maximum federal benefit rate will be withheld each month to settle the overpayment. If you cannot afford a 10 percent withholding, you may ask to lower the amount taken from your monthly benefits.

Let an Attorney Help Fight SSI Overpayment

Don’t panic if you receive a notice of overpayment from the SSA. Carefully take note of the information and evaluate your options to resolve the issue. If you are unsure of what to do next or how to process, you may also contact The Khaki Law Firm today for assistance. Call our intake team today to get started.


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