Do you currently receive benefits through the U.S. Social Security Administration (SSA)? Or, do you expect to receive benefits in the near future?
In either scenario, it’s important to monitor the payments you receive. On the one hand, you want to confirm you’re receiving the payments to which you’re entitled. However, it’s also smart to confirm the SSA never overpays you.
Overpayments may occur when the SSA can’t properly calculate your benefits. This may be due to incomplete or inaccurate information. It can also happen due to an error for which the SSA is responsible.
The following guide will help if you’re wondering “What to do if Social Security overpaid me?” That said, one of the smartest ways to address these circumstances is to enlist the help of a legal professional qualified to handle a case like yours.
Unintentional Overpayment
Determining how to proceed when you receive more money from the SSA than you believe you should often requires first determining who is at fault for the overpayment. An unintentional overpayment may occur when the SSA overpays you due to an error on their end.
The SSA may send you a letter asking for repayment upon discovering the error. However, by the time you receive this letter, you may have already spent the money the SSA provided. You should certainly not spend any extra funds the SSA supplies if you’re aware you’ve been overpaid, however, you might not realize an overpayment occurred until the SSA alerts you. By that time, it may be too late to repay the SSA.
You could request a waiver of repayment if this happens. The SSA may waive the requirement that you pay back an overpayment if you can show you’re unable to do so because of financial hardship. The SSA may also grant a waiver of repayment if you can demonstrate the overpayment wasn’t your fault.
Proving who is at fault for the overpayment may require investigating and gathering relevant documentation. This is a task a disability lawyer can assist you with.
Fault Overpayment
Fault overpayment occurs when you receive more money than you should from the SSA because you provided inaccurate information. The SSA is unlikely to grant a waiver of repayment when this occurs.
The SSA will typically require you to pay back the overpayment. You might have to do so in the form of a lump sum, or you may be able to enter into an installment-based repayment plan.
Consider getting in touch with a legal professional if you receive notice of a fault overpayment. They can review the notice and help you better understand what’s required of you. An attorney may also help you reduce your financial hardship by negotiating for assistance or appeal.
Benefits Of Legal Representation
Understanding the SSA’s policies and guidelines can be very difficult if you lack the relevant professional experience. This highlights just one benefit of enlisting a lawyer’s help when the SSA overpays you. A lawyer can help by:
- Interpreting the information the SSA provides you with
- Ensuring you meet any relevant deadlines
- Clarifying what your obligations and rights are when the SSA asks for repayment
Sometimes, a lawyer may be able to show that it’s not your responsibility to pay back the SSA, as an overpayment resulted from their error. If you do have to pay back what you owe, a lawyer can help negotiate repayment options, such as setting up a repayment plan.
You may even believe you haven’t been overpaid at all. If so, a lawyer can help you file an appeal accordingly. They can also gather documentation to strengthen your case, improving your chances of effectively showing why you didn’t receive more money than you should have.
Contact a Disability Attorney
Never ignore any notices you receive from the SSA. It’s important to take proper action if you receive a notice showing that you’ve been paid more than you should have.
That said, it may also be unwise to navigate these circumstances without legal assistance. Making errors could add to your financial hardship and might even jeopardize future payments.
That doesn’t need to happen. If you’re struggling to determine your next move after the SSA has overpaid you (or claims to have done so), get in touch with a Social Security disability attorney to learn more about your legal options. Get started today by taking the Free Case Evaluation to speak with an independent lawyer who subscribes to the website and may be able to help you.
