How To Win An Ssi Overpayment Case?

When you were applying for disability benefits, there had to have been a moment when you received more money than the maximum allowed by the government. If the Social Security Administration discovers that you have been improperly paid, they will give you a notification that explains the overpayment and requests that you repay the overpayment in its entirety within a period of thirty days. In addition to this, the paper will explain how to request a waiver from the SSA as well as your ability to appeal if you disagree with the judgment made by the SSA.

How To Win An Ssi Overpayment Case? Source: Disability Help

You are required to submit a review request if you feel that the Social Security Administration made an error and that you were not improperly overpaid. Let’s discuss a little bit more about what an SSI overpayment lawsuit is before we get into how you can win one of these cases.

What exactly is a Social Security overpayment?

You will get a Notice of Overpayment from the Social Security Administration if it is determined that you have been paid an excessive amount of money in the form of Social Security benefits. Overpayments of benefits under the Social Security system may arise for a number of different causes, including the following:

An overpayment occurs when an individual’s Social Security Income (SSI) benefit is reduced or eliminated as a result of a change in their circumstances that goes unnoticed for a period of time.
It is impossible to avoid making an overpayment to an SSI user who also works. The 10th of the next month is the deadline for reporting earnings, and SSI adjustments are made in the same month. If wages are erratic, there will be overpayments in months when earnings are higher than the amount used by the Social Security Administration to calculate SSI benefits.
In certain situations, the Social Security Administration (SSA) would only forgive an overpayment for a period of two years, even though the error occurred over a considerably longer period of time.

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How to Have Your Overpayment Claim Successfully Appealed

Occasionally, the Social Security Administration will pay out more benefits than are mandated by law, and the government will also send out overpayment alerts that are done so in an erroneous manner. In this scenario, you may choose between the following three paths:

Agreements regarding Requests for Reconsideration, Waivers, and Payments

The majority of the time, you will have a period of sixty days beginning on the day that you were given the Notice of Overpayment to submit a request for reconsideration. However, if you submit your appeal within ten days of receiving the notification, the Social Security Administration (SSA) will not seek to collect the overpayment until after a decision has been made about your request for reconsideration.

It is not uncommon for a person to have no idea whatsoever as to whether or not a claimed overpayment is justified in any manner, and this is a common occurrence. In this scenario, making a request for reconsideration compels the Social Security Administration to revisit your claim and provide an explanation as to why it feels you were improperly overpaid.

During the stage of your appeal process known as “reconsideration,” you will have the chance to present evidence in support of your case before an employee of Social Security in a hearing that will be conducted in a casual setting. You have sixty days from the date of the denial of your request for reconsideration to file a request for a hearing before an Administrative Law Judge in order to appeal the decision.

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How To Win An Ssi Overpayment Case?

In the event that the ALJ renders a judgment that is unfavorable to you, you will have an additional sixty days in which to submit a final administrative appeal with the Appeals Council of the Social Security Administration. As soon as you get the letter informing you of your overpayment, it is a good idea to discuss the matter with an experienced disability attorney so that you can be certain that your appeal of the overpayment will be handled in the appropriate manner.

Conclusion 

You always have the option to file an appeal over an SSI overpayment letter if you believe that it was sent to you in error. You are going to have to argue your side of the issue in front of a judge who specializes in administrative law. The most effective approach to do this is to submit a request for the decision to be reconsidered.
You may discover a wealth of educational materials, such as instructions on how to compute social security benefits, at the Disability Help website.

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