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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

Getting a Waiver of a Social Security Disability Overpayment



 
"My brother was receiving SSDI for four years while working part-time. A year and a half ago, he received a notice for a hearing for over-payment and stopped his payments. After SSDI never scheduling said hearing for months, my brother passed away last April at the age of 34. Now my retired parents have received notice from SSDI requiring payment and all their financial records, including IRA holdings, annuities, etc. so they may determine an amount of repayment (approx. $36,000). The original hearing would have determined minimal to no repayment amount but they refused to schedule the hearing. My parents were not his legal guardians. How is this possible?"

It could only be possible if your parents or a parent was a representative payee for your brother. The representative payee is held accountable for benefits paid. They are responsible for notifying Social Security that the person they represent is working.



I would like to add that your parents can file for a waiver of the overpayment. In order to file a waiver your parents would have to provide their financial information. Financial information is used to determine if the repayment amount can be reduced. If your parents were not your brother's representative payee, they need to contact Social Security.

If your parents go through the waiver process they will be entitled to a hearing as well. An administrative law judge might determine that they owe nothing or a very low repayment amount. I would suggest filing a waiver and going through the process until they get a chance to see a judge.








Essential Questions

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Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

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Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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Filing a Social Security Disability SSI application

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These pages provide answers to basic questions about pursuing disability benefits

My Social Security Disability SSI appeal status
Disability back pay, how it works
Eligibility criteria requirements for disability
Qualifying requirements for disability
Decision on disability case, are you eligible for a disability award
When is a Person Considered Disabled by Social Security?
Forms to appeal a Social Security Disability denial
Permanent disability benefits
How to qualify for disability with depression
If Social Security sends you to a psychiatrist
Disability denied twice
How to claim disability
How many times will Social Security deny you?
Applying for Disability with high blood pressure
Will my children get benefits if I get approved for disability?
How much time for a decision on a disability claim?
Can you work if you get an SSI disability check?
How to File for SSI
Filing for disability, how to apply for SSD, SSI
Social Security Disability SSI and Fibromyalgia
How to get disability
How to appeal a disability denial








For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.