Sacramento Disability Benefits Attorneys
If the Social Security Administration (SSA) finds that you have received too much money in your Social Security disability (SSD) or Supplement Security Income (SSI) check, you may receive a notice of overpayment. There are many ways that an overpayment could happen, many of which are not your fault. Unfortunately, it does not matter who was at fault if you are overpaid. The government will still expect you to repay the money.
There could be a way to avoid the repayment, if you are at fault, and one of the following applies to your situation: you cannot afford to repay your overpayment because you/your family does not have extra money in any savings device and have more monthly expenses than income; the amount of overpayment is so small that it is not worth it for the government to litigate the matter; it would be against equity and good conscience to collect it. These ways to avoid overpayment are sought by a waiver request (see below).
At Milam Law, we know that a notice of overpayment can be frightening. Can you afford to pay back the overpayment? Even if you can, how can you make sure that you do it correctly? That's where our firm comes in. Our lawyers can help you analyze the situation and understand what your rights are in the process. Talk with us about any Social Security overpayment claim and get the answers you deserve. However, in this type of case, there will not be any retroactive disability benefits if you win. So, in order for Milam Law to help you, you will have to agree to and be able to pay a retainer, typically $1000, and to also pay a portion of your ongoing monthly benefits to us in order for us to represent you. We can talk to you about this if you have a big enough overpayment to make it worth it to you to hire an attorney.
Information on this website is provided as a service of Milam Law. Contact us regarding Social Security disability claims and denials.
Modesto Social Security Benefits Appeal Lawyers
The first thing to do after you have received a notice of overpayment is to read it carefully to make sure that all of the information is correct, including all amounts and dates. Try to figure out if you were really overpaid the amount that the notice says.
There are different ways to deal with an overpayment:
- Reconsideration: You want the SSA to look at your case again, either by looking at your file, or by meeting with you in a conference or hearing. If you think the amount of overpayment is wrong or the reason the SSA gives for the overpayment is wrong, reconsideration may be your best option.
- Payment arrangement: If you think that the overpayment was your fault or you can afford to pay it back, you can make that arrangement. You may be able to pay the money back a little at a time.
- Waiver: You can ask the SSA for a waiver, so that you do not have to pay back the money. A waiver can be used if the overpayment was not your fault and you cannot afford to pay the money back, or if the overpayment is very small, or if it would be against equity or good conscience for the government to seek the money. To ensure you try everything, which could possibly help, you should both timely protest the overpayment and should seek a waiver (separate forms) — whether you can get a lawyer to help you or not.
Whichever option is right for you, you need to act promptly. Do not just ignore the notice or hope it will go away. Instead, talk with a lawyer, as soon as possible, to protect your rights — if you can afford retaining one financially on this type of case.
Talk With Milam Law Today
For a free, initial consultation with one of our experienced lawyers, contact us at one of our offices in Fresno, Sacramento or Modesto. Call us toll free at 877-840-3508 to make an appointment.
