Overpayment Notice From the Social Security Administration? Do I Need to Repay Disability Benefits?

One of the most alarming pieces of mail you can get if you are receiving Social Security Disability or Supplemental Security Income (SSI) is an overpayment notice indicating that you have been overpaid thousands of dollars in benefits. DON'T PANIC- you have options! You can ask that the decision be reconsidered or you can request a waiver, but the WORST thing you can do is ignore the notice. You can handle this issue without representation, but contacting a qualified Social Security disability attorney as soon as possible may lessen your headaches and relieve the stress of handling this on your own.

OVERPAYMENT

If the Social Security Administration (SSA) determines you have received benefits to which you are not entitled, they will request you refund the overpayment. The letter the SSA sends (the Overpayment Notice) will tell you what options you have if you believe the overpayment is not valid or if the amount is incorrect. Even if you do believe the overpayment occurred, you have options regarding repayment, depending upon certain factors.

RECONSIDERATION VS WAIVER

If you feel that the overpayment amount is incorrect, or that you are not really overpaid, you may file a Request for Reconsideration. You only have 60 days to file a Request for Reconsideration to challenge the overpayment. If you fail to file an appeal in that time period, you can no longer contest the amount or validity of the overpayment. Therefore it is imperative that you act immediately when you receive such a notice.

However, if you agree that you have been overpaid but you feel you should not have to pay it back, two criteria must be met to be eligible for a Waiver:

1. You did not cause the overpayment, and

2. You cannot afford to refund it or repaying it would be unfair,

If both of the above are true, you should file a Request for Waiver of Overpayment Recovery Or Change In Repayment Rate.

If you disagree with the overpayment decision and feel you should not have to pay it back even if you were overpaid, you can file both reconsideration and waiver.

EVIDENCE

When you file a request for waiver you need to present any papers you have verifying your financial statements. This would include items such as current bank statements, utility bills, pay stubs, credit card payments, loan payments, etc. If you do not have these records immediately available, do not delay filing. You have up to thirty days from filing the request to supply them.

CONCLUSION

Breathe. Take action immediately. Prepare for a long battle. Don't give up!

Rebecca Sposita is a Social Security Disability lawyer, focused exclusively on representing injured and disabled individuals in Medical Malpractice litigation and Social Security Disability. Rebecca earned her Juris Doctor degree in 2005 from The University of Detroit Mercy School of Law.

Rebecca is a member of the State Bar of Michigan, National Association of Disability Representatives, National Organization of Social Security Claimants Representatives and Michigan Association for Justice. Rebecca has been admitted to practice as an attorney in the U.S. District Court - Eastern District of Michigan.

For additional information on the topic of Social Security Disability (SSDI) and Supplemental Security Income (SSI), please visit SocialSecurityLegalHelp.com