What to Do if Your Social Security Disability Benefits are Overpaid

Disability lawyers in Florida are available if you need help in understanding Florida disability laws. Filing a claim for Social Security disability benefits can be lengthy and complex. Even if you are approved for benefits, there may be issues. To fully understand your legal rights, you should seek counsel from an attorney who specializes in the area of law surrounding Social Security disability.

An Overview of Social Security Disability Overpayments

An overpayment of benefits results when you are given more money each month than you are actually entitled. Some overpayments result from a mistake on behalf of Social Security Administration (SSA) and some from mistakes that claimants make.

USA Today reports that $6.5 billion in overpayments were made by Social Security to people in the year 2009. Some of these overpayments were to those receiving disability benefits.

An overpayment of Social Security disability benefits can happen for a number of reasons including the following:

• benefits were incorrectly determined (due to incomplete or incorrect information);
• claimant's income is more than estimated;
• required reporting of any changes was not provided;
• living situation of claimant changes;
• claimant is no longer disabled but still receives payments; and
• claimant's marital status changes.

It is important that claimants who are aware of the overpayment contact Social Security to straighten things out. If you do not believe it was your fault, you can request that the overpayment be waived. You will need to complete a form and be able to demonstrate that not only was it not your fault but that you are unable to pay it back.

Notice of Overpayment

A notice of overpayment will be sent to the claimant, requesting that a full refund be returned within 30 days. You will be notified that a failure to do so could result in your benefits being withheld at the rate of 10% of your total income. It will include the month that the withholding of your benefits will begin.

The notice will also explain your rights to appeal and how you can apply to have it reviewed and waived, possibly eliminating the need to pay it back. Since Florida disability laws may be different than other states, you may need to consult with a lawyer about your situation.

If you have questions concerning your legal rights when it comes to Social Security disability benefits, speaking with disability lawyers in Florida can help. They can explain all the options that are available to you.

Contacting a Disability Lawyers in Florida

Filing for Social Security disability benefits is complicated and time-consuming, but at LaVan & Neidenberg, P.A., our team of disability attorneys is ready for the challenge. We like to empower our clients by providing a FREE Social Security disability guide so you can learn more about the process of filing for disability benefits. When you're ready to get started, contact The Law Offices of LaVan & Neidenberg, P.A. to begin your claim. Our state-of-the-art, customized intake and database system means less hassle, so you can focus on what's most important to you instead of having to spend your days wading through confusing legalese and legal red tape. Call today - 1-888-234-5758.

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