Typically, Supplemental Security Income (SSI) claimants who received notice of Social Security overpayments are given 60 days to file a Request for Reconsideration to challenge the amount of overpayment.
If the recipient fails to file an appeal, he/she can no longer contest that the amount of the SSI overpayments is incorrect, since the prescribed period has already lapsed. A person receiving such notice must therefore act the soonest time possible to contest the overpayment done.
Incidentally, our expert SSI overpayment attorney in Los Angeles can help you deal with issues regarding your overpayment.
Remedy for overpayment
The best way to counter an overpayment notice is to file waiver request to the Social Security Administration (SSA). In this waiver proceeding, the benefits recipient has the burden of proof to show that he or she is without fault in causing the overpayment. He or she may say that he or she does not have sufficient resources to repay the overpaid benefits.
Waiver of SSI overpayment
The process of preparing a waiver of overpayment has several steps, which in reality may take several years to negotiate. Once the waiver is requested, the benefits recipient is required to attend a conference with a claims representative at a local Social Security office. This would serve as his or her first opportunity to explain why the overpayment should not be repaid.
The claims representative would then decide whether the request for waiver will be granted. If the request is denied, the next step is to request for an administrative hearing before an Administrative Law Judge. At this stage, the benefits recipient is given the opportunity to present evidence. This stage usually takes a period of 12 months to complete.
If the waiver request has been denied by the Administrative Law Judge (ALJ), the benefits recipient may then request for a review from the Appeals Council. At this stage, the only issue is how to determine the soundness of the ALJ’s decision.
Finally, if the Appeals Council refuses to review the Administrative Law Judge’s decision, the only remedy would be to appeal to the United States District Court. At this stage, the only issue to determine is whether the ALJ’s decision in denying the request for waiver is supported by substantial evidence.
The process of seeking a waiver of overpayment is long and complicated. Most overpaid individuals have no idea how to establish that they have not been overpaid, or if they have, why they should not have to repay it. A benefits recipient who receives notice of an overpayment should seek legal advice as soon as possible.
Fortunately, our Los Angeles Social Security lawyers have more than 15 years of experience in handling social security and disability claims and representing clients in various disability review and hearing bodies, such as the ALJ and the Office of Disability Adjudication and Review (ODAR), among others. This is our guarantee that we can provide the best legal assistance to clients who are challenging SSI overpayments.
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