Social Security Disability Overpayment Lawyer

Social Security Disability Overpayment Lawyer: Social Security overpayment waiver granted

Benefits from Social Security Disability are an essential lifeline for people with incapacitating illnesses. Nevertheless, the system’s intricacies can occasionally result in overpayment problems, placing recipients in a difficult position. This article will discuss the importance of hiring a Social Security Disability Overpayment attorney, the typical causes of overpayments, and how legal knowledge can assist in resolving these issues. Overpayments for Social Security Disability arise when recipients receive more money than they are legally entitled to under the program’s rules. Overpayments may result from several factors, including changes in employment status, income, or neglecting to provide the Social Security Administration (SSA) with necessary information.

How to Appeal an Alleged Overpayment

Just as Social Security sometimes mistakenly pays more benefits than were due, the agency also sometimes issues overpayment notices erroneously. If you don’t believe that you were overpaid, or if you think that the SSA has calculated the amount of your overpayment incorrectly, you should file SSA Form 561, Request for Reconsideration. 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. It often happens that an individual has no idea whether the alleged overpayment is justified or not. In this case, a reconsideration request forces the SSA to look at your case again and explain to you why it believes you were overpaid.

What If I Can’t Repay the Overpayment? Social Security overpayment waiver granted

If 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.

The lack of fault, not the inability to repay benefits, is usually the major stumbling block in obtaining a waiver. The SSA may determine that an overpayment was not your fault in situations such as the following:

• You reasonably believed that you had reported all required changes in your living situation.
• You were not informed of the requirement to report changes.
• You are illiterate or did not understand the reporting requirement.

How to Prevent Overpayments From Happening

Recipients of SSDI and SSI are required to inform Social Security of any changes in income, employment, living situation, or marital status. A great number of overpayments are caused by beneficiaries who fail to do so. Be sure to keep the SSA up-to-date on these changes to avoid incurring inconvenient and potentially costly overpayments.

How to Find an Attorney Who Will Take an Overpayment Case

Many disability attorneys do not take overpayment cases because they have to petition Social Security to be able to charge you a fee. You can try to find an attorney by calling disability lawyers in your community and asking if they take overpayment cases, or you may be able to find a legal aid lawyer to help you with your overpayment case. For more information, see this article on finding a lawyer for help with a Social Security overpayment.

How Does an SSDI Overpayment Happen?

Receiving an overpayment letter doesn’t mean an honest person like you suddenly started getting larger monthly benefit checks and just treated it like a bonus.

The most common reasons people receive overpayments are:

• Your overall reported taxable income is higher than was initially anticipated.
• You experienced a change in your situation, including:

1. A marriage, divorce or death of a spouse.
2. A change in your living arrangements.
3. A medical change in your disability status.

• You have more resources than are allowed by the SSA.
• The SSA has an error in your file, which could be either incorrect or incomplete information about you.

Navigating Social Security Disability Overpayment challenges requires legal expertise and strategic advocacy. By enlisting the services of a skilled Social Security Disability Overpayment lawyer, beneficiaries can protect their rights, resolve overpayment issues, and ensure ongoing compliance with program regulations. Invest time in finding the right attorney to guide you through this complex process, securing a fair resolution to your Social Security Disability Overpayment concerns.