Overview of Disability

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How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

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Disability through SSA

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Working and Disability

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Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

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SSDRC Disability Blog

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.

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

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 Waiver of a Social Security Disability Overpayment

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

How to file for disability, SSD or SSI
How to file for Disability and what medical conditions qualify
How long will it take to get disability?
What if your disability gets denied?
How to Prove you are disabled and qualify to win disability benefits
How to get disability with a mental condition
How long for Social Security Disability Back pay
Social Security Disability SSI eligibility