Posts Tagged ‘Overpayment-Repayment’

If Social Security alleges that you owe them money to repay an overpayment, you have two choices to fight it:  

You can either file a “Waiver of Overpayment,” or 
You can file a “Request for Reconsideration.“

Social Security may direct you towards filing the waiver, but there are some things you should know before making a decision.

There’s good news if Social Security has told you that you were overpaid, and you need to repay, Social Security benefits! Social Security has increased the “administrative waiver” amount to $1000. 
Administrative waivers of overpayments apply in cases where the cost of recovering the overpayment is greater than the amount of the overpayment itself.

Here is a popular questions:
I’m on SSI, do I have to tell Social Security about an inheritance/settlement I am getting?
The answer is simple:
YES!
There is no point beating around the bush with this one.  If you are on SSI and “come into money” whether it is a gift, inheritance or settlement (or through whatever means), you [...]

I have tried to give you as much information as I can about Social Security overpayment / repayment cases, because the chances of finding an attorney to work with you are not very good.
Many Social Security attorneys get paid out of the back benefits they win for the client (typically 25% up to a cap of [...]

Overpayment cases are very tough to win.  If you decide to fight an overpayment, you need to know what you are up against.
Here is what the law says about how Social Security evaluates whether you have to pay back an overpayment or not.  This is taken from Social Security Ruling 88-6c.
42 U.S.C. § 404(b)
The regulations state [...]

It is the opposite of winning the jackpot:  you open the letter from Social Security and find out that you owe them $10,000, $20,000, even $30,000.  
What happened?
There are several scenarios which may result in Social Security claiming an overpayment occurred; and demanding that you repay some, or all, of your benefits.

You, or your child, are on Social Security, when out of the blue, you get a letter:
Your benefits will cease as of …
or
An overpayment was detected due to your failure to notify Social Security of your spouse’s income …
or
Since turning 18 years of age, we have determined that you are no longer disabled under our [...]