Serving Louisiana and Mississippi - (504) 309.8230
Gretna, LA 70056
What Happens if I Get a Social Security Disability Overpayment?
It may seem hard to believe, but you've received a notice for overpayment of disability benefits from the Social Security Administration (SSA).
What does the SSA mean when they say you were overpaid? And what happens next?
An experienced disability advocate can help explain your situation and walk you through how to respond — so you don’t lose out on money you should get to keep.
To put yourself in the best position to handle a Social Security Disability overpayment, contact Gary Sells Disability Benefits Advocate in New Orleans today.
What Is a Social Security Disability Overpayment?
A disability overpayment occurs when the SSA pays you more in benefits than it thinks you were due.
This can happen either because of a change in your circumstances or because the SSA has insufficient information.
Common reasons for overpayment include:
- You earned higher income than anticipated.
- You had a change in marital status, living situation or disability status.
- Your resources exceed the allowed limit.
- You failed to report a change on time, or at all.
- The SSA has incorrect or incomplete information about you.
If the SSA finds any of the above to be true, you'll receive a notice of overpayment explaining the reason and amount you were overpaid, your repayment options — and your right to appeal.
Gary Sells and his team of disability advocates will consult with you about your situation, and what you should do next, for free.
What Are My Options for Repayment?
The SSA provides different options for repayment based on the type of benefits you received:
- Social Security Disability Insurance (SSDI): If you are continuing to receive SSDI benefits, the SSA will withhold your full benefit check until the overpayment is repaid.
- Supplemental Security Income (SSI): If you receive SSI benefits, the SSA will withhold 10% of your monthly benefits until the overpayment is repaid.
If you no longer receive benefits,YOU MUST RESPOND FAST:
- You have to send a check to repay the overpayment WITHIN 30 DAYS
- Or contact the SSA to set up a repayment plan
If you fail to repay, the SSA can garnish your wages, take your federal tax refund or report you to a credit bureau.
Gary Sells can walk you through your repayment options.
What If I Disagree That I Was Overpaid Disability Benefits?
If you believe you were not overpaid, you can request a reconsideration by the SSA.
BUT AGAIN, YOU MUST ACT FAST.
If you request reconsideration WITHIN 10 DAYS, any ongoing disability payments will continue until the SSA makes its determination.
What if the Benefits Overpayment Wasn’t My Fault?
If you believe that you were overpaid, but the overpayment was Social Security’s mistake, not your own error, you can request a waiver.
If you get a waiver, you won’t be responsible for part or all of the overpayment.
To qualify for a waiver, you must typically show:
- The overpayment was not your fault, and
- You can’t repay it because you need the money for everyday living expenses. You may need to submit bills showing that your expenses use up all of your income — and repayment would be a hardship.
If you got an overpayment notice for your disability benefits, you have options for fighting back.
An experienced disability benefits advocate like Gary Sells knows the rules and can get you the best possible result.