| What to do with SSI overpayment claims |
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The Social Security Administration defines overpayment as "the excess money you receive for a month other than the amount due". Overpayment is the difference between the amount you received and the amount due. Generally, the causes of overpayment can be categorized to computational error or work or entitlement issues. Generally, overpayment occurs due to the following reasons: • Your income is higher than your estimate • Your living situation changes • Your marital status changes • You have more resources than the allowed limit • You stop to be disabled but continued to receive benefits • when changes made are not reported to the agency • The agency incorrectly figure benefits Initially, SSI overpayment claims are made by sending you notice which tells that you received benefits to which you are not entitled and requesting you to refund the same in full within 30 days. Naturally, at the first instance you will not believe that you have been overpaid. In this case, you should file either a Request for Waiver of Overpayment Recovery or a Request for Reconsideration. You should file a Request for Waiver of Overpayment Recovery when you agree that you have been overpaid but you feel that you do not have to refund it because: • The overpayment was not your fault • You cannot afford to refund it • Repaying it would be unfair When you file this waiver, you will have to present papers evidencing your financial statements. Bring receipts of utility bills such as power, gas, electric and water. Rent receipts may also be used together with current bank statements, pay stubs, credit card payments and loan payments. You will have 30 days to present them from filing the request. On the other hand, you should file a Request for Reconsideration when you feel that: • The overpayment amount is incorrect • You are not really overpaid If you disagree with the overpayment computation and believed that you should not have to refund it even if you think you were really overpaid, or not sure what caused the overpayment, you can file both waiver and reconsideration request. You may also demand that you see the information the SSA used in coming up with the overpayment decision. You may even demand an explanation for the reason. You waiver request will go thru an evaluation process just like when you apply for disability benefits. If your request for waiver is denied, you may ask for reconsideration. Personal conference will be held. When the decision is not favorable to you at the conference, do not forget to make payment arrangement with the agency to avoid full collection of overpayment. You can ask to pay in smaller monthly payments and have it withheld in your monthly benefits. For those who no longer receive SSI benefits, they may arrange to: • Pay it in monthly installments • Withhold overpayment from a Federal Income Tax Refund and/or from any future SS benefits • Withhold overpayment from future SSI payments If however, you don't really feel it's right that you pay back SSI overpayment claims, you may ask that an administrative law judge hear your case. If still you get unfavorable decision, you can ask for a review by the Appeals Council and lastly by the Federal Court. For overpayment claims and other social security issues, you can consult with our skilled Los Angeles social security lawyers. You can visit our website at http://www.socialsecuritylawattorney.com to avail of our free case analysis. Jamil Estorninos is currently jumbling work and law school. He is now only 5 units away from his law degree but 1.5 million miles away from his dream – to become the next John Grisham. He writes while waiting to become a force to reckon with in the legal world. Read more at: http://www.ArticlePros.com/legal/Business-Law/article-175563.html. |
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