Handling an Overpayment from the SSA

by | May 20, 2016 | Law

When you receive a check from the SSA for a social security disability benefits payment that is more than your allotted amount, it is known as a Social Security overpayment. When you are overpaid, the SSA will get in touch with you, and give you information on why you were overpaid, and instructions on how you can go about repaying the amount. This scenario can be highly frustrating, as it is no fault of your own, so knowing how to navigate the situation is important.

I Cannot Afford to Repay – What Should I Do?

Sometimes people on disability simply do not have the funds to pay back the overpaid amount. They are already on a tight financial budget, and this just worsens the blow. Thankfully, there are options. The first step is to fill out form SSA-632-BK, also known as the Request for Waiver of Overpayment or Change in Repayment Rate form. This will allow you to request that the payment is either waived entirely, or that your repayment rate be renegotiated, so that you can make on-time payments to the SSA. While you should file this form as soon as possible, there is no technical “file by” date associated with this important form.

I Don’t Agree with the Overpayment – What Should I Do?

Everyone makes mistakes, even the SSA. With this in mind, you may receive an “overpayment” that simply does not exist. If you disagree with the overpayment status of your check, you need to fill out form SSA-561-U2, also known as the Request for Reconsideration form. Unlike the SSA-632-BK form, this document must be submitted within 60-days of when you first received the “overpayment” check from the SSA.

What Could the Cause of my Overpayment Have Been?

Overpayments are most often caused by the SSA not being aware of extra work you are doing. If this happens, you may receive an overpayment due to them not being aware of your current award amount. Additionally, overpayments can occur when you are accidentally sent a check after your disability benefits have been discontinued.

How Can I Prevent Overpayments?

Unfortunately, the vast majority of overpayment cases are the fault of the recipient, and not the SSA. By avoiding any confusion between you and the SSA about the work you are doing, and your overall disability status, you can avoid frustrating overpayments.

Do you need help dealing with an overpayment from the SSA? Do you need help negotiating new terms, or having an unfair decision waived? If so, the professionals at James Mitchell Brown are here to help. Contact us today and we will set up a free consultation to discuss your options going forward.

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