If you are receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) and receive a check for more than you are entitled to, it is considered an overpayment and will need to be paid back as soon as possible.
Causes of an Overpayment
There are several reasons that an overpayment can occur. It can be the fault of the Social Security Administration (SSA) or the recipient.
For example, if a recipient goes back to work without informing the SSA, a SSDI overpayment might happen because Social Security continues to send a monthly payment. If your condition improves, but you do not notify the SSA, you may receive an overpayment through continued monthly benefits.
Both of these situations are changes that must be reported to the SSA. This should be done prior to receiving the next months check.
If nothing has changed in the status of your disability, work ability or income and you receive a payment higher than usual, it may be the SSA's fault for the overpayment. You must notify the agency immediately of the mistake.
If you have been overpaid, the agency will notify you of why and how to repay it. Regardless of whether it was the fault of Social Security or the recipient, the amount will need to be paid back immediately.
Repaying an Overpayment
If you receive a disability overpayment and you cannot afford to pay it back or you want to change your repayment rate, you must fill out the Request for Waiver of Overpayment or Change in Repayment Rate form. There is no time constraint for requesting a waiver. You will have to prove that the overpayment was not your fault and may also have to provide expense and income evidence.
If recipients do not believe they were overpaid or think the overpayment figure is inaccurate, they must complete a Request for Reconsideration form. It must be filed up to 60 days from the original overpayment notification.
If a monthly check is higher than usual with no word from the SSA, contact the agency and ensure you are receiving the proper amount. If it is an overpayment, it is good to discover it early.
Our Phoenix Social Security disability benefits lawyers have years of experience representing Social Security Disability applicants and can help you get the benefits you need.
Call 1-800-503-2000 to schedule a free consultation to discuss your claim.