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Overpayments from Social Security : What do I do if I receive a Social Security overpayment notice?

last modified 2011-12-23 12:53

Review the overpayment notice and determine why Social Security alleges you have been overpaid. 

  • If you disagree you were overpaid (dispute the facts) − request “reconsideration” of the overpayment. 
  • If you agree you were overpaid (do not dispute the facts) but it was not your fault you were overpaid − request a “waiver” of the overpayment.
  • If you agree you were overpaid (do not dispute the facts) and it was your fault you were overpaid − negotiate a reasonable payment plan with Social Security.  

YOUR OPTIONS WHEN YOU ARE OVERPAID SOCIAL SECURITY BENEFITS: 

Pay it back.

“Overpaid and it is my fault”

 

Request a Waiver.

 “Overpaid but it is not my fault

Request Reconsideration.

 “Not overpaid”

  • Call Social Security and set up a repayment plan.
  • Negotiate a plan that allows you to continue to meet your basic needs.

 

SSI OP – no more than 10% of your monthly benefit.

  • Prove it’s not your fault AND
  • Prove you cannot afford to pay it back.
  • No deadline for submission.
  • Collections cease when requested. 
  • Prove you were not overpaid—submit evidence in support. 
  • Request within 60 days from the date of the OP notice.
  • Collections cease when requested.

Some of the other frequently asked questions about overpayments from Social Security are:

To see all the questions and answers, click here.

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represented "Laura".  "Laura" had previously experienced domestic violence from her husband but had returned to the relationship.   During the early part of the summer, her husband told her he was going to kill her.  She didn’t feel he was serious as he has said things like this before, without acting.  

Laura came home from work and was about to start dinner when her husband, his sister and another friend showed up.  Her husband started yelling at her and began physically assaulting her brother.  Laura left the house using the back door.  She got into her vehicle and left and went to a friend’s house.  About 30 minutes later, her husband showed up at the house. 

He came into the house without knocking and started pushing people around who were present in the home.  He demanded to know where his wife was; "Laura" was hiding in the closet and managed to get out again, and ran over to her mother’s house and to call the police. 

It was there that he finally caught up with her and beat her, he had a gun and put it to her head.  He also had a knife and told her he was going to shoot her and then cut her up.  The police came in time to arrest him.  Laura was transported to Duchesne county hospital with severe injuries.

Utah Legal Services assisted Laura in filing a protective order.  A protective order was then filed and granted.  The FBI came in and transported the opposing party to a federal facility where he was arraigned in federal court and is still awaiting trial.




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