At Liner Legal, we are your Cleveland Social Security Disability Lawyers, serving all of Ohio! That means that we are always ready to answer your questions and help in any way we can. Liner Legal Attorney Rebcecca Cervenak is answering the questions we get the most. Today, we are discussing what to do if you receive an overpayment notice from the Social Security Administration (SSA). Here are Rebecca’s tips.
Step 1) File a Non-Medical Appeal (Overpayment Reconsideration)
If you don’t believe that you were actually overpaid, or if you think that the SSA has calculated the amount of your overpayment incorrectly, you can file an appeal using SSA Form 561 or you can file a Non-Medical Appeal online.
If you don’t have access to a printer, you can write a letter including the following information in the form:
- Name
- SSN
- Claim Number
- Issue Being appealed
- Reasons you are appealing
- Contact info
You should also include a sentence that says you don’t have a printer to submit the form and want to meet the ten-day deadline, so you are writing it as a letter.
The deadline for filing the reconsideration request is 60 days after receiving the Notice of Overpayment, but if you file within 10 days of receiving the notice, the SSA will not attempt to recover your overpayment until after your reconsideration has been decided.
Step 2) File a Waiver
If you don’t think that the overpayment was your fault and you can’t afford to repay the amount you owe to Social Security, you should file form SSA-632, Request for Waiver of Overpayment Recovery or Change in Repayment.
A waiver will usually be granted if:
- the overpayment was not your fault, and
- you can’t afford to repay the overpayment because the money is needed for ordinary and necessary living expenses
There is no timeline to file a waiver.
Appeal Process
Both reconsideration and waiver have an appeal process, which includes an informal hearing with Social Security, and then a hearing in front of an Administrative Law Judge. If your appeal or waiver is denied, please review the information on the letter they send to understand your appeal rights and applicable deadlines.
Request a Payment Plan
If you are willing to pay it back, but need to adjust how much you pay each month, you can fill out Form SSA-634 to request a Change in Overpayment Recovery Rate.
Where to Send the Forms
You should send any completed forms to your local Social Security office, which you can find by visiting https://secure.ssa.gov/ICON/main.jsp and entering your zip code.
More Information
You can find more information about repayment options and your appeal rights at https://www.ssa.gov/pubs/EN-05-10098.pdf.
We have not agreed to represent you at this time.
The above is provided for informational purposes only. Please be advised that you are still responsible for managing your entire claim.
If you have any questions or need future assistance, please call us at (216) 282-1773.
We wish you the best.
Liner Legal serves all of Ohio, making us your Warren OH disability lawyers! Contact us today for advice on Cleveland OH disability benefits and more. Our Disability Warriors are ready to fight for you!
