Fighting ssi overpayment

Is the Social Security Administration charging you with an overpayment? If so, Social Security believes that you got benefits when you were not eligible to get them. This in the SSA overpaying you, and this means that you receive more in disability benefits than you are eligible. If you are a Supplemental Security Income (SSI) recipient, your SSI benefit amount is calculated on a monthly basis. Fighting an overpayment can be a daunting task.

A Notice of Overpayment is a letter that says you owe Social Security money.

This article is for people who get SSI ( Supplemental Security Income ). If you get SSDI, you should read the article about SSDI Overpayments because the rules are different. How to Handle Social Security Overpayments What is a Social Security Overpayment ? If the Social Security Administration (SSA) finds that you have gotten too much money in your Social Security benefit, they will send you a Notice of Overpayment. Fee Petitions for Overpayment Cases. When attorneys do take overpayment cases, they will usually have you sign a fee petition agreeing to pay an hourly fee for the time that they spend working on your case.

Then, when the case is over, the lawyer has to petition Social Security to approve the fee. If so, they believe you received benefits when you should not have.

They must notify you in writing of the overpayment before they take any money from your check. You can take any or all of four different actions if you get an overpayment notice. I received an overpayment letter from Social Security for 815. I started back to work with the program ticket to work. Next, make sure you meet the criteria to qualify for an Overpayment Appeal or an Overpayment Waiver or for both.

In the en SSA cleared out the entire overpayment balance they claimed I owed. If you receive Supplemental Security Income (SSI), the SSA will withhold of your monthly check until the overpayment is repaid. On the other han if you receive regular Social Security disability benefits, the SSA will withhold your entire monthly disability check until the overpayment is repaid.

If you agree that you have been overpai but you feel you should not have to pay it back because you did not cause the overpayment and you cannot afford to repay it, you should file Form SSA-63 Request for Waiver of Overpayment Recovery. If you become eligible for SSI in the future, we will withhold your overpayment from future SSI payments. When Social Security discovers that it has made an overpayment , it sends the beneficiary a Notice of Overpayment stating the amount of improperly paid benefits and instructing the individual to return the excess benefits within days. If you were overpaid Supplemental Security Income ( SSI ) benefits and are currently receiving SSI benefits, of your monthly benefit will be withheld each month to repay the overpayment. You may also fill out a Waiver form at your local Social Security Administration office.

The basis of this appeal is hardship. Waiver of an Overpayment requires that you show you are without fault and that if you have to pay the Overpayment , recovery would defeat the purpose of the Supplemental Security Income program. Sooner or later – sometimes years later – SSA will ask you to repay that money.

It also sometimes happens that SSA thinks it paid you too much money but has made a mistake. This is allowable—third parties may indeed satisfy the overpayment on behalf of the SSI recipient.

Can overpayments be avoided? Yes, many overpayments can be avoided. For example, if an overpayment from a circumstance described in Jacob’s case when he received a direct inheritance from his father, it was caused by poor planning.