Social Security overpayments can be a huge financial burden for beneficiaries, so you need to know your rights and options. This is when you should discuss your situation with a Ohio social security disability attorney. A disability payment lawyer is a valuable person to have on your side. They can explain your rights and help you meet your legal obligations.
What is a Social Security Overpayment?
A Social Security overpayment is when the Social Security Administration (SSA) pays you more benefits than you were supposed to get. This can happen for many reasons:
- Unreported changes in income or resources
- Changes in living arrangements
- Marriage or divorce
- Receipt of other benefits or payments
- SSA miscalculation of benefits
- Receiving benefits after you’re no longer disabled
- Death of the beneficiary with payment continuation
Your attorney and you can determine what factors have affected your current overpayment situation.
Initial Steps When You Get an Overpayment Notice
When you retain legal services, you and your attorney must review the overpayment notice and the related paperwork. The following steps will give you an idea of what to expect.
Read the Overpayment Notice Carefully
- Verify all information is correct
- Check the overpayment amount
- Note the time period
- Review the reason for the overpayment
Gather Your Documents
- Keep copies of SSA correspondence
- Get proof of income and resources
- Obtain medical records if disability is involved (payments are also made to people in need, 65 and over)
Meet the Deadlines for Reviewing Your Case
- You have 60 days to appeal
- 30 days to request a waiver of overpayment
- 10 days to stop an automatic payment adjustment
You’ll need to act quickly and contact a disability payments attorney immediately.
Your Rights and Options
Depending on your situation, you may appeal an overpayment, request a waiver, or arrange a schedule of payments to return the money.
Appeal the Overpayment
You can appeal if:
- The overpayment amount is wrong
- No overpayment occurred
- It wasn’t your fault
- The determination was based on incorrect information
Contact the SSA if you want to request a reconsideration or appeal. A reconsideration represents the first appeal you’ll submit for an overpayment that may be wrong, or that is based on incorrect data. By working with an attorney, you can avoid further disputes about your claim and set things right more quickly.
Waiver
A waiver may be granted if:
- You weren’t at fault for the overpayment
- The repayment would cause financial hardship
- Repayment would be against equity and good conscience
- The overpaid amount is less than the administrative cost of collection
By speaking with a disability payments attorney, you can find out if you’re entitled to a waiver and get through the legal process much more quickly.
Payment Plan
If you must pay:
- Request a monthly payment amount you can afford
- Provide proof of income and expenses
- Negotiate terms that won’t cause financial hardship
How an Attorney Can Help You
Again, meeting with a disability payment attorney is necessary if you receive an overpayment notice. Retaining legal services will allow you to be proactive so you can experience better results. The following steps give you an idea of how to proceed.
Initial Consultation
A disability payments lawyer can:
- Review your overpayment notice
- Determine if the overpayment is valid and correct
- Identify defense strategies
- Plan a defense
- Explain your rights and options
Documentation and Evidence
Attorneys will:
- Gather the necessary documents
- Organize financial records
- Get medical evidence, if needed
- Prepare statements and explanations
- Submit all required forms
Appeal Representation
Representation during appeals includes:
- Filing the right forms
- Writing the arguments
- Representing you at hearings
- Cross-examining witnesses
- Presenting evidence
Waiver Assistance
Attorneys will:
- Document financial hardship
- Prove lack of fault
- Prepare financial statements
- Get supporting evidence
- Argue equity
Negotiation Help
Legal counsel can:
- Negotiate with SSA reps
- Set up payment plans
- Protect your rights during negotiations
- Ensure fair treatment
- Document and file agreements
Prevention Strategies
To avoid future overpayments, it’s important to report any changes in a timely manner or maintain accurate records. The information below provides a checklist of what you can do:
Report Changes on a Timely Basis
- Income changes
- Living arrangement changes
- Resource changes
- Marriage or divorce
- Medical improvement
Keep Accurate Records
- Income documentation
- Resource tracking
- Reporting to the SSA
- Copies of all correspondence
Stay Aware
- Know reporting requirements
- Know income and resource limits
- Review benefit statements
- Review SSA correspondence promptly
Special Circumstances
Certain circumstances can impact what you receive in payments. The following list breaks down the categories with respect to cases, recipients, and retirees who receive benefits.
Disability Cases
- Medical improvement must be reported
- Work attempts should be documented
- Income limits must be tracked
- Trial work periods should be monitored
SSI Recipients
- Resource limits must be maintained
- Remember – living arrangement changes affect benefits
- In-kind support must be reported
- Multiple benefit sources must be coordinated
Retirement Beneficiaries
- Review earnings limits before full retirement age
- Remember -pension income may affect benefits
- Also, foreign work may impact benefits
- The death of a family member must be reported
A disability payment attorney can help you keep track of your receipt of benefits so you’ll receive the proper payment.
Working with Your Attorney
To get the most out of legal representation, remember to:
Be Truthful and Thorough
- Provide all information
- Disclose all income sources
- Share all SSA correspondence
- Report changes promptly
Follow Instructions
- Meet deadlines
- Get requested documents
- Attend scheduled meetings
- Follow reporting requirements
Stay Informed
- Update your attorney about changes
- Ask questions when unsure
- Report a new SSA contact
- Keep contact info current
Contact a Disability Payments Attorney If You’ve Been Overpaid
A Social Security overpayment requires precision and knowledge of the rules of law. You can do it yourself, but an attorney will increase your chances of success. Legal representation will protect your rights, meet deadlines, and explore all the options.
Whether you are appealing an overpayment, requesting a waiver, or negotiating a payment plan, professional legal help will make the process less stressful and more successful. Just act fast, keep good records, and work with your attorney to resolve the overpayment as soon as possible.
Make it a priority to contact a disability payments lawyer now.
