Monday, December 28, 2009

Social Security Disability Overpayment Issue, Request for Hearing

Comment from JC:

"My husband is dealing with a overpayment issue. My question is we filed the request for reconsideration,the appeals, and a request for a hearing. We have not received any kind of response to the request for a hearing, which was sent over 6 months ago. We keep getting letters requesting full payment but the amount keeps changing. We also asked to make payment arrangements because we can't pay the amounts they are asking. Can we refile for a request for a hearing?"


There should be no need to file a new hearing request. Most Social Security hearings offices are overloaded with hearing requests and it takes time to get a hearing scheduled. So the only suggestion I can give with regard to your husband's hearing's request is to be patient.

However, if I were your husband I would go to my local office and ask to make a payment arrangement. Although Social Security would like to have overpayments repaid within a thirty-six month period they are willing to lower the repayment amount if an individual can show that they do not have the income or resources to pay the amount needed for a thirty- six month repayment.

Your husband should take proof of your monthly expenditures, income, and financial resources, so that a lower repayment amount can be established.Your husband may win his appeal before an administrative law judge; if he does the amount of the overpayment might be wiped out or reduced.

If your husband is still receiving disability benefits it is important to work out a small payment arrangement while he waits on a hearing because Social Security can started withholding his entire disability benefit to recoup the overpayment.

Frankly, it is just as important for him to work out a payment arrangement even if he is no longer receiving disability benefits while he waits on his hearing because Social Security reports non repayment of overpayments to the credit bureau.

I hope this helps and good luck.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

Chronic Pain Increases Suicide
Complex Region Pain Syndrome and Changes in the Brain
Social Security Disability Hearing Decisions
Filing For Disability On the Basis of Back Pain
Back pain - A first person perspective
Filing for Disability with Fibromyalgia - it has its own problems



Blogger XZillR8 said...

My infant son has been on SSI for almost a year. I got a couple of letters in the mail recently stating an "overpayment" (of over $600/mo) in September, October and January, I believe.

The letter stated my monthly income was over $4,000, but I only make $1,360 every 2 weeks. I get paid the same amount every 2 weeks and have mailed them copies of my check stubs every single month. I recently started calling the 800 number to report my monthly income, but I'm afraid they aren't recording it (hard to trust an automated service).

I called the Social Security office about this issue and the rep I spoke to explained that since I get paid every 2 weeks, sometimes I will get 3 paychecks in a month. But I explained to her that Social Security knows how much I get paid (it's the same every week) so THEY should make adjustments accordingly for that.

I would think it will all even out for the year and they would take that into's not like I'm getting paid "more", it's just that a 3rd pay period happened to fall on certain months. Should I be penalized for that?

What a major inconvenience-- I'm following the rules by mailing my check stubs every month, I get paid the same amount every check, and now they expect me to have to go through a paperwork nightmare of filing appeals/waivers (not to mention time out of my day to goto an informal conference) every time I get a 3rd paycheck on a certain month?? Tell me it isn't so.

I already mailed a reconsideration form and a waiver form (oddly enough, the waiver form told me that if it's an SSI case, not to fill out the rest of the form that asks questions about my expenses, bank accts, etc. so I followed the directions didn't. The waiver didn't ask for expense statements or bank statements either.) I haven't received a response from anyone yet (& I mailed it a month ago). Should I mail my expense statements anyway or take them with me to the informal conference? Do I need to submit an appeal & waiver for every month they claim I was overpayed?

I seriously can't afford to pay them back (they state in the letter they are going to only pay me $48/mo starting in March). And I do not want to have to go through this appeal process every time my paycheck falls 3 times in a certain month. Any advice you can provide would be a big help. Thank you.

9:59 AM  
Blogger Disability Blogger said...


The first thing that I would like to say is that all income is counted as a gross amount not a net amount. It appears that you are being paid a net amount of 1360.00 every two weeks not a gross amount of 1360.00. Additionally, all SSI recipients have problems with the months in which they receive a third pay check. However, the months you receive that third check you are not entitled to receive SSI benefits for your son. SSI is a need based social welfare disability program and as such parents must meet the income and resource limits each month for their child or children to be eligible for a benefit that month. This is why it does not simply work out over the course of a year.

6:50 AM  

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