Receiving a notice that you’ve been overpaid disability benefits can be overwhelming—but it’s important to know that you have rights. Whether the overpayment came from Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or VA disability benefits, you are not powerless. The government doesn’t get the final word—you do have options to protect yourself.
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Your Key Rights in an Overpayment Situation
The Right to Be Notified
The SSA or VA must send you a written notice explaining:
- The amount of the overpayment
- Why they believe you were overpaid
- How and when they plan to collect it
- Your rights to appeal or request a waiver
They cannot begin collection without first informing you.
The Right to Appeal the Overpayment
If you disagree with the overpayment, you have the right to file an appeal. This is your opportunity to:
- Dispute the amount owed
- Argue that you were not overpaid
- Show that the overpayment was caused by their mistake
The appeal must be filed within 60 days of receiving the notice. During the appeal, collection efforts are usually paused.
The Right to Request a Waiver
Even if the overpayment is correct, you can ask the agency to waive the repayment if:
- It wasn’t your fault
- Repayment would cause financial hardship
- You acted in good faith and didn’t withhold information
You do
not need to repay the amount while the waiver is under review.
The Right to a Payment Plan
If you're not eligible for a waiver, you have the right to request a reasonable payment plan. The SSA or VA cannot force you into an unaffordable arrangement. You may propose:
- A lower monthly deduction
- A temporary suspension due to hardship
- A lump sum settlement (in some cases)
The Right to Representation
You can get help from a representative or attorney to guide you through appeals, waivers, or negotiations. You don’t have to face the government alone—someone can advocate on your behalf.
Protect Yourself by Acting Quickly
- Respond to notices promptly
- Keep records of everything you submit
- Check your benefit payments for accuracy regularly
- Report all changes to income, living arrangements, and employment
How Hogan Smith Can Help
At Hogan Smith, we stand up for individuals and veterans who face overpayment claims. Our experienced legal team can:
- Review your case and help you understand your rights
- Prepare your appeal or waiver request
- Negotiate a fair repayment plan
- Communicate directly with the SSA or VA on your behalf
Contact Hogan Smith Today
If you’ve been told you were overpaid and want to understand your rights, reach out to Hogan Smith for a free consultation. We’ll review your situation, explain your options, and make sure your voice is heard. Don’t face an overpayment claim alone—we’re ready to help.
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