The best way to avoid Social Security Disability Income (SSDI) overpayments is to promptly report any changes in your income, living situation, resources, marital status, and disability status to the Social Security Administration. For example, if you begin a job, report your wages as soon as possible.
Wages can be reported to the SSA on the telephone, by using their mobile app, by mail, or in person at their local office. If you suspect that the information SSA has is outdated or incomplete, provide the information to them as soon as possible. Your attorney can help to make sure you report these changes correctly and supply all necessary documentation.
Catching Overpayments When They Happen
You can always request to see your SSDI file, which shows the information the government has used to calculate the overpayment. Keep in mind, an overpayment may not have been your fault, and due to an administrative error. Always check the amount of your SSDI payment, especially if you receive your benefits via direct deposit, since an increase could easily go unnoticed there.
Who to Report to if Overpayment Happens
Contact your SSDI attorney immediately if you suspect that you have been overpaid or receive a notice of overpayment from the SSA. If you were overpaid through no fault of your own, you can obtain a waiver of the overpayment by showing that it was not your fault, and demonstrating that, given your monthly living expenses, it would be a hardship to repay the overpayment.
The SSA offers recipients the option of repaying overpayments in monthly installments rather than in one lump sum. This allows you to spread the repayment, which may be especially important if you’ve spent the overpayment you’ve received.
If you’re receiving other social security benefits, talk to your attorney, since the SSA may try to withhold the entire overpayment amount. You may want them to withhold less than the full amount, which requires that you apply for a lesser amount and the SSA must approve it.
If you’re receiving SSI, the SSA will withhold 10 percent of your benefits each month until the overpayment amount is repaid. You can ask that a higher percentage be withheld if you would prefer to pay it back more quickly. However, if a 10 percent reduction imposes a burden on you and your family, you can request that less than 10 percent be withheld. Deductions will not start until at least 60 days after you are notified of an overpayment, but you must act quickly if you need to file an appeal or waiver.
Depending on your unique circumstances, SSDI benefits can be complicated, so it is best to consult your SSDI attorney about the best way to approach repayment. If you feel you are being treated unfairly by the SSA, consult an experienced attorney who can navigate you through the process of obtaining your benefits.
Knowledgeable Adams County SSDI Attorney Provides the Legal Guidance You Need
When you need experienced legal representation to obtain the Social Security Disability benefits you deserve, reach out to an experienced SSDI lawyer at the Law Office of John A. Anderson, Jr., LLC. Contact us online or call (303) 880-7994 today.