Mar 16, 2012

Dealing with SSI Overpayments



If you are a Supplemental Security Income (SSI) beneficiary, you are expected to receive an exact amount of monetary benefits. The amount is based on your “limited” income and resources. However, a monthly SSI payment may exceed more than the amount you are expected to receive. The difference of the payment you received and the amount due is called an overpayment.

There are many reasons for having SSI overpayments. First, your income may be more than what was estimated prior to your approval of your SSI claim. Then, you may have more resources than the set criteria for possible beneficiaries.

Another is that you may have failed to inform the SSA about any changes in your living arrangements such as divorce, marriage, separation, or having a child. And then, you may have also provided insufficient information that caused the SSA to give you a large sum of monetary benefits.

If the SSA has knowledge of your overpayment, they will send you a notice asking you to fully refund the excess amount within a month. The notice also contains the following guidelines in case you failed to refund the overpayment:

·         The withholding of the overpayment at 10-percent rate from your total income
·         The month the withholding scheme would start
·         Instructions for appealing
·         Instruction on how the overpayment can be reviewed and waived by the SSA

If you know that you are not overpaid, you can file an appeal through the reconsideration process. You have 10 days to appeal your case, starting from the date you received the notice from the SSA. You can still receive monthly SSI payments until the SSA decides on your case.

If you know that you are receiving overpayments but you believe it is not your fault, you can ask for a recovery waiver. You can secure a request for waiver form (SSA-632) anytime. You can also ask for a waiver if you have to use the overpayment for your monthly expenses. You must provide proof of billing. You must have also possessed hardship in repaying the overpayment.

If ever you get in this kind of situation, solicit the legal counsel of a social security disability benefits attorney. You can be sure that his or her expertise will help you with your problems regarding SSI overpayments.

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