When you’re approved for Social Security benefits, there are different types of notices you may receive from the SSA. One of these notices is a Social Security overpayment notice, which is something that you will need to address as soon as possible.
If you have received a Social Security overpayment notice, it’s a good idea to get the help of a Social Security disability attorney in Oregon. Drew L. Johnson, P.C., Attorneys at Law, can help you understand what an SSDI overpayment notice is and whether or not a Social Security overpayment appeal is the right option.
What Is a Social Security Overpayment?
First, before we discuss what you can do when you receive a Social Security overpayment notice, what exactly does this mean? You will receive a Social Security overpayment notice if the SSA has discovered that you received too much money. The purpose of this notice is to alert you to the overpayment, giving you time to act accordingly.
Social Security overpayments can happen for a variety of reasons, including:
- You recently experienced a change in income or employment.
- Your household income or living arrangements have changed.
- You have recovered enough to return to work.
- The SSA made an administrative or calculation error.
As you can see, some of these reasons are due to an error on the part of the SSA, or they may be the result of you failing to report changes in income or circumstances. This is why it is so important to accurately report to the SSA whenever you experience a change that could alter the benefits you receive.
What to Do After Receiving an Overpayment Notice
When you receive a Social Security overpayment notice, the first thing you need to do is review all of the information included in the notice. The notice will usually have a deadline that you need to respond by as well as the amount of overpayment you’re responsible for and the overpayment dates.
The easiest solution is to agree to pay back the overpayment, which is usually done through paying the amount, or by SSA taking a percentage that is deducted from your monthly SSI benefits until the overpayment is paid. However, if you receive Social Security disability or retirement benefits, the SSA could take your full payment every month until the debt is repaid. If you don’t receive Social Security benefits anymore, the SSA will usually expect you to pay back the overpayment immediately.
It’s a good idea to consult with an SSDI overpayment lawyer before you decide how to move forward. An attorney can help you address this notice, whether you agree to pay back the overpayment or disagree with the SSA.
Your Options if You Disagree
If you disagree with the overpayment notice, you have a few options, including:
- Reconsideration: The first option you should try is to ask for a reconsideration, otherwise known as an appeal. When you do this, you are simply requesting that the SSA re-examine your case to ensure that the overpayment amount or the reason for the overpayment is correct. You should only ask for reconsideration if you truly believe that the notice contains incorrect information.
- Waiver: Another option you have is to submit a Social Security waiver request, which, if granted, would allow you to continue receiving your benefits without having to pay back the SSA. Waivers are generally only a good option if the reason for the overpayment was not your fault or you simply cannot afford to pay it back.
- Payment arrangement: You can ask the SSA for a payment arrangement, which allows you to pay back the money in installments over a set period of time. If approved, the amount you need to pay back on a monthly basis would be adjusted according to your income and basic living expenses. A payment arrangement is generally the best option if the overpayment was your fault, but you can’t afford to pay it back all at once.
What Not to Do if You Receive an Overpayment Notice in Oregon
Now that you know what an overpayment notice is and how you can address it, it’s also important to know what you shouldn’t do. Here are some examples of things that you should not do if you have received an overpayment notice from the SSA:
- Ignore the notice.
- Miss appeal deadlines.
- Respond to the notice without reviewing it.
- Immediately repay the money in full.
Anytime you receive a notice from the SSA, the best course of action is to consult with a Social Security disability attorney in Eugene, Oregon. An attorney can help you review the notice and understand what your rights are, whether you want to pay the money back or appeal.
FAQ Section
Can I appeal a Social Security overpayment notice?
Yes. You can appeal an overpayment notice by submitting a request for reconsideration within 60 days of getting the notice.
Can the SSA waive repayment of an overpayment?
You can request a waiver so that you don’t have to pay back the SSA. However, waivers are only approved in cases where the overpayment wasn’t your fault, or you cannot afford to pay it back.
Will an overpayment affect my future SSDI or SSI benefits?
It depends on the reason for the overpayment. If this occurred due to a change in income, living arrangement, or employment, it is likely to impact your future SSDI or SSI benefits.
Get the Help of a Social Security Disability Lawyer in Oregon Today
If you have received a notice saying that you need to repay a Social Security overpayment, you may not know what this means or what to do next. A disability overpayment attorney can help you understand why you have received this notice and what your rights are moving forward, especially if you disagree with the SSA.
At Drew L. Johnson, P.C., Attorneys at Law, we are committed to protecting the rights of our Oregon clients, especially if they are navigating disability overpayments. If you don’t know what to do after receiving a Social Security overpayment notice or you wish to appeal this decision with the help of a disability lawyer in Albany, Oregon, contact us today at 541-434-6466 for a free consultation.
