Overpayments occur when the Social Security Administration (SSA) pays you more benefits than you were entitled to receive. This can happen for various reasons, and SSA has established clear policies on how overpayments are handled, communicated, and potentially recovered. Understanding these policies can help you respond appropriately and protect your rights.
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SSA’s Policy on Overpayment
Notification of Overpayment
SSA is required to notify you in writing if they determine that an overpayment has occurred. The notice will include:
- The amount of the overpayment
- The time period it covers
- The reason for the overpayment
- Your repayment options
- Your right to appeal or request a waiver
You are expected to respond promptly once this notice is issued.
Causes of Overpayment
Common reasons for SSA overpayments include:
- Unreported work or income
- Medical improvement resulting in loss of disability status
- Changes in living situation (e.g., marriage, moving in with others)
- Receiving other benefits, such as workers’ compensation or VA disability
- Administrative errors
Repayment Expectations
SSA assumes that all overpaid benefits must be repaid. They typically begin withholding a portion of your monthly benefits until the debt is recovered. You can negotiate the withholding rate or set up a monthly payment plan if you're not currently receiving benefits.
Request for Waiver
You may request a waiver of repayment if:
- The overpayment was not your fault, and
- Repayment would cause financial hardship or be unfair in your situation
SSA may require financial documentation and a written statement explaining your situation.
Right to Appeal
If you disagree with the overpayment determination (either the amount or the fact that you were overpaid), you can file an appeal within 60 days of the notice. This process can pause collection efforts until a decision is made.
What to Do If You Receive an Overpayment Notice
- Read the letter carefully to understand the details
- Check the accuracy of the information—amount, time period, and cause
- Contact SSA with questions or to arrange payment terms
- Consider whether to appeal or request a waiver
How Hogan Smith Can Help
At Hogan Smith, we help clients navigate SSA overpayment situations every day. Our team can:
- Review your overpayment notice for errors
- File appeals or waiver requests on your behalf
- Communicate with SSA and advocate for your rights
- Help you build a strong case if repayment would cause financial harm
Contact Hogan Smith Today
If you've received an SSA overpayment notice and aren’t sure what to do next, contact Hogan Smith for a free consultation. We’ll walk you through your rights and options and fight to protect your benefits.
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