Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

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.

Return to:  Social Security Disability Resource Center, or read answers to Questions

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Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI

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