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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

What should you do when a Social Security Disability or ssi overpayment occurs?



 
If you receive a notification from the Social Security administration that informs you that you have an overpayment, you should contact your local Social Security office immediately to determine the cause of the overpayment. There are, in fact, instances when an overpayment is posted to a record that is invalid. If this should be the case, Social Security will correct the error and you will not be obligated to repay the overpayment.

However, most overpayments are legitimate, and, accordingly, they will need to be resolved. There are many options for resolving an overpayment. For instance if you do not believe that there is an overpayment of benefits, you may file for a reconsideration of the actual overpayment.

If the overpayment amount is found to be correct, you may wish to file a request for waiver of the overpayment (repayment would not be necessary if the waiver is approved) by the Social Security Administration.

However, a waiver will generally only be approved if you were not at fault in creating the overpayment and you do not have the ability to repay the overpayment due to financial hardship. Most waivers are denied on the grounds that the individual was at fault in creating the overpayment, usually because they returned to work and did not report their earnings timely.



What other options do you have if your waiver request is denied? You may request a personal conference to discuss why you feel you should not have to repay the money.

If your personal conference is denied you may wish to file a hearing request, so that you may appear before an administrative law judge (ALJ). However, if you do request a hearing, that does not prevent Social Security from collecting the overpayment from your disability benefit in the event that you do not make a payment arrangement.

How do payment arrangements work to your benefit in such situations? If a payment arrangement is not made, Social Security may hold your entire monthly disability benefit until the overpayment is satisfied. By utilizing a payment arrangement, however, the repayment may be deducted from your monthly benefit check over a protracted period of time.

How long will you be given to repay the overpayment? Generally, Social Security would like all overpayments to be repaid within thirty-six months. If the amount is too large to be paid back in that time frame, you may file for a reduced monthly payment. You will have to provide information about your monthly income and expenses to qualify for a reduced monthly payment. Usually, though, Social Security is willing to work with you to resolve the overpayment, so as to not cause an undue financial hardship.








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Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

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Related pages:

What should you do when a Social Security Disability or ssi overpayment occurs?
How Do You Avoid, and What causes, a Social Security Disability Overpayment?
Why do Social Security Disability and ssi overpayments happen?
Social Security made a mistake and assessed an overpayment and stopped benefits
Social Security Disability Waiver of Overpayment
Getting a Disability Lawyer in Georgia
Denied Disability Appeal Georgia



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









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.