Noteboom The Law Firm

Accidental Overpayments in SSI

If you receive Supplemental Security Income, you have dealt with the Social Security Administration. This probably means that you know the system is not infallible, and can make mistakes often. Unfortunately, the mistakes are not usually in favor of the applicants or current recipients.

At some point, you might open the mail, expecting your usual check amount only to find that you have received an unexpected "bonus." Don't make plans to spend the money yet. It could be a mistake, and you will have to give it back. Before you contact the SSA to ask about the issue, you might want to ask your lawyer what you should do.

Right around the time you notice the mistake, you will likely receive a notice in the mail explaining why you got the overpayment. It could be a simple mistake in which the wrong numbers were entered, or you could have a reduction in your payments coming.

If you agree that it is a mistake, the following actions could occur:

• You can send a check back in the overpayment amount right away
• You can create a payment plan to pay back the SSA monthly
• You can ask that some of the money on your next few checks be withheld until the total amount of the overpayment is repaid

If the mistake occurred because your payments will now be reduced, and you do not understand why, you can fight it. Within two months of getting the notification in the mail, you can file an appeal. Consulting your lawyer during this time is a good idea.

If you agree with the reduction in payment that you will receive, but need the money right now, you can ask for a waiver of recovery. While the decision is being made, the SSA will cease asking for the money until you are notified of the results.

No matter what, the SSA will not charge interest on the amount. However, if you do not respond or pay it back in a timely way, action will be taken against you. Any wages you make can be garnished, and the amount may be reported to credit agencies. For this reason, you will likely need some form of representation no matter what stance you take.

Fort Lauderdale, Florida disability lawyers, LaVan & Neidenberg, represent over 5000 disability claimants. Our disability attorneys have experience with cross examining agency-appointed medical and vocational experts and take time when speaking with you about your disability claim. Call us today at 1-888-234-5758 for a FREE legal consultation. There is NO OBLIGATION to hire our firm and there are NO FEES unless one of our trained disability lawyers wins your case.