If you recently received a Notice of Overpayment for your SSDI benefits, it is normal to be confused, stressed out, and frustrated. You need to know how to protect your rights. As the Social Security Administration (SSA) explains, the concept of an ‘overpayment’ is relatively straightforward: The agency thinks, for whatever reason, you received more money than you should have been paid.
The SSA is not always correct in its initial assessment. Further, even if an overpayment did occur, you still have some options available. Below, attorney Harold W. Conick explains your rights, responsibilities, and options if you received an official notice of SSDI overpayment.
Step #1: Do Not Panic — Carefully Review the Notice
First and foremost, it is important to remain calm. Do not panic. Take a moment to carefully review the SSDI overpayment notice. If you have specific questions about the meaning or implications of the notice, professional legal guidance is only a phone call away. Most likely, your overpayment notice will state that withholding of your benefits will begin in 30 days. To stop or delay withholding, you need to act before this deadline.
Step #2: Request a Reconsideration (This is Your Initial Appeal)
Once you receive a Notice of Overpayment, you have the right to request a reconsideration. Essentially, this is the equivalent of filing an internal appeal. The SSA will take a second look at your case. Also, you can submit some supplemental information demonstrating no overpayment occurred. An SSDI attorney can help you craft a strong, compelling overpayment appeal.
Step #3: Seek a Waiver of Overpayment Recovery
Even if the SSA is correct and an overpayment occurred, you may still be able to save some (or all) of your future benefits. You can submit Form SSA-632 — a Request for Waiver of Overpayment Recovery. If the overpayment was not your fault and you will suffer considerable financial distress, you may be eligible for a waiver.
Step #4: Negotiate a Payment Arrangement with the Social Security Administration
Finally, should all else fail, you can negotiate a more sensible payment arrangement with the SSA. As a rule, a payment arrangement allows two options to give people more financial breathing room:
Regardless of the path you choose, you must act quickly. The Social Security Disability overpayment recovery process can move fast. If you simply ignore the issue, your benefits could be reduced in just 30 days.
Call Our Chicago Metropolitan Area SSDI Lawyer for Immediate Help With Your Case
At Harold W. Conick & Associates Ltd., our practice is concentrated on Social Security disability law. If you received a Notice of Overpayment, we are here to protect your financial interests. To arrange a no cost, no obligation case evaluation, please contact us today. We represent claimants throughout the greater Chicago metropolitan area.