What Should I Do About an SSDI Overpayments Notice in Albany?
It’s hard to believe, but you can be overpaid in your Social Security Disability Insurance (SSDI) benefits . If this happens to you, it’s likely because of an error or a change in your status.
It’s frustrating and nerve-racking. You’re already living on a fixed income. It’s not as though you’ve got “extra money” you can send back to Social Security.
You do, however, have options.
At the James Trauring & Associates disability law firm, we’ve gathered the information below to guide you on what to do if the Social Security Administration (SSA) hits you with an overpayment notice—so you don’t lose the benefits that keep you financially secure.
If you need to apply for disability benefits in the first place, or appeal a denial, we can take care of that for you.
You Received an SSDI Overpayments Notice: What Now?
First of all, stay calm.
Double-check all the details of the overpayment notice. Are they correct?
If they are, that’s OK. You can request a payment plan. Or you can prove that you’re not able to repay the overpayment.
If the reasons given for your overpayment notice are incorrect, you can correct the information with the SSA.
Why Does an SSDI Overpayment Happen?
You can receive an overpayment of Social Security Disability benefits for many reasons:
- You earned more money than anticipated
- You had a change in marital status or living situation
- Your disability status changed
- Your resources are greater than allowed limits
- You failed to report changes on time or at all
- The SSA has incorrect information about you
If the SSA discovers any of the above issues, you’ll receive an overpayment notice that explains the reason, the amount you overpaid, your options and your right to appeal.
When Do You Repay an SSDI Overpayment?
Starting 30 days from when the notice was mailed, the SSA will withhold your benefit check(s) until the overpayment is paid back.
If you’re no longer receiving benefits, you must repay the amount within 30 days, or request a payment plan from the SSA.
Failing to repay can lead to the government taking these actions against you:
- Withholding a percentage of your wages
- Filing reports on you with credit bureaus
- Withholding your tax refund
- Making it more difficult for you to receive future benefits
Don’t Wait: Social Security Has a Short Deadline to Respond
Regardless of your circumstances, it’s in your best interests to act quickly.
You must request an appeal of your SSDI overpayment within 10 days of the notice. This allows you to continue receiving payments until the SSA makes a final decision on what you have to repay.
If you believe the SSA made a mistake in deciding that it overpaid you, or it got the amount of the overpayment wrong, you can request a waiver.
This means you’re asking the SSA to not collect the overpayment. You must show that the overpayment wasn’t your fault and that repayment would be a hardship.
If accepted, you won’t have to repay some or all of the overpayment.
You can apply for a waiver at your local SSA office, by phone, or online.
How to Avoid SSDI Overpayments in the Future
To prevent this from happening, it’s important that you report any changes in income to the SSA as soon as you can.
You can report changes via phone or by taking copies of your pay stubs to your local SSA office.
Another way to avoid problems is to work with a lawyer from the beginning, when you’re applying or appealing for benefits. At James Trauring & Associates, we help make sure your information is accurate, to reduce your chances of getting hit with an overpayment later.
Our focus is helping people win disability benefits. We’ve helped thousands of people in Albany, Schenectady, Saratoga Springs and all across Upstate New York and Western New York.
Getting disability benefits to begin with is hard enough, but we know how to win cases.