FAQ on Supplemental Security Income Overpayment

According to SSA, an overpayment occurs when you receive more money for a month than the amount you should have been paid. Hence, an overpayment amount is the difference between the amount you received and the amount due.

In most instances, overpayment cases are often very tough to win. Therefore before deciding to fight an overpayment, you need to know what you are up against.

Our experienced Social Security overpayment lawyer can help you deal with your SSI overpayment issues. With more than 15 years in handling SSI claims, you can be assured of reliable and efficient representation from our expert lawyers.

Social Security evaluates whether you have to pay back an overpayment or not. Based on Social Security Ruling 88-6c., 42 U.S.C. § 404(b) and Sections 204(b) and 1870(c) of the Act, no adjustment or recovery in any case where an incorrect payment has been made with respect to the following cases:

• when an individual is without fault
• when adjustment or recovery would either defeat the purpose of title II of the Act or be against “equity and good conscience” (20 C.F.R. § 404.506)

Here are FAQs on Supplemental Security Income Overpayment:

1. Does the Social Security Administration take into consideration an individual's financial situation and status in regard to paying the amount of Supplemental Security Income Overpayment owed?

   At any point in time that an individual's financial situation changes, the Social Security Administration can adjust the recovery amount accordingly. Under certain conditions however, an individual can file for a formal waiver. There are several forms that need to be submitted. A form from SSA, Request for Waiver of Overpayment Recovery or Change in Repayment Rate must be filled out completely.

2. What can be done if the Supplemental Security Income overpayment amount is incorrect and if an individual is not really overpaid?

   One can file a form from SSA which is a Request for Reconsideration form. If an individual believes that he or she has been overpaid and feels that there is no need to pay it back because he or she did not cause the overpayment in the first place or if there is no way that refund can be afforded, that individual can file an SSA form – a Request for Waiver of Overpayment Recovery or a Request for Change in Repayment Rate.

   If in the instance that the claimant still disagrees with the overpayment decision and feels that he or she should not be held liable to pay it back even if there was indeed a Supplemental Security Income Overpayment, then the said claimant can file both reconsideration and waiver instead.

3. What are the documents that need to be presented in filing for a Request for Waiver?

   When filing a request for waiver an individual needs to present all documents that will show and verify one’s financial statements. This should include papers such as current bank account statements, utility bills, pay stubs, credit card payments, loan payments, etc. If one does not have all these records immediately available, one must not delay the filing. Claimants only have up to 30 days from the date the request has been filed to supply them.

4. I have received too much in benefits. How will the Social Security Administration recover this overpayment?

   Recovery of a Supplemental Security Income overpayment from a beneficiary is usually done by withholding the monthly Social Security check until the overpayment is paid in full. The Social Security Administration can employ several different methods of recovering overpayment including a compromise settlement. If the overpaid individual no longer receives Social Security payments, the Social Security Administration can recover the overpayment from the individual's Federal tax refund. This method of recovery is referred to as the Tax Refund Offset.

Our expert SSI attorneys specialize in issues involving Supplemental Security Income benefits.

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