Benefits - Overpayments (English, Word Document)
Disability Rights North Carolina
Overpayments - what to do when SSA says you owe them money?
An overpayment is not an uncommon event when dealing with the Social Security Administration (SSA). Both Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) recipients can be faced with the prospect of repaying hundreds, if not thousands, of dollars in benefits to SSA. This information is intended to let you know your rights and options should you be sent an overpayment notice by SSA. Overpayments are caused by many different events: a change in living situation, marriage, or a return to work can all cause overpayments. An overpayment recovery process must begin with a formal Notice of Overpayment that is sent to you by SSA. This notice must contain the amount of the overpayment, a detailed, plain language explanation of what happened to cause the overpayment, repayment options, and a complete statement of appeal rights. Do not ignore this notice. Some of your appeal rights are time limited and must be acted on quickly. If you disagree with the amount of the overpayment charged or that any overpayment occurred you should file an appeal called a Request for Reconsideration. This request must be filed within 60 days of your receipt of the overpayment notice. Simply state that you disagree with the amount of the overpayment, do not understand why you were overpaid, or disagree that you were overpaid. In order to prevent SSA from taking money directly from your next check make this request with 30 days and ask that no money be withheld until a decision is made. If you agree that you were overpaid but you believe that the overpayment was not your fault and that are not able to repay the overpayment without risking your ability to meet your need for food, clothing and shelter, you can file a Request for Waiver. This request can be filed at any time after you have received a notice of overpayment, even if SSA has already begun to withhold money from your checks. If disagreed with the overpayment and appealed, you can file a waiver request after SSA makes a decision on your appeal (Request for Reconsideration). Once filed, the waiver request will stop all withholding immediately. In order to have an overpayment waived you must prove to SSA that the overpayment was not your fault and you cannot afford to repay the money owed to SSA. If you receive SSI it will be assumed that you cannot afford to repay the money. Both the Request for Reconsideration and the Request for Waiver decisions can be appealed. The appeal rights will be listed in the decision notice you receive from SSA. As with your other appeal rights, these rights are time limited and, in order to receive some of the protections, you must act immediately.
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