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Overpayments

Overpayments. Debi Schwartz, Social Security Consultant Get SSA Help, LLC. Definition of an Overpayment.

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Overpayments

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  1. Overpayments Debi Schwartz, Social Security Consultant Get SSA Help, LLC.

  2. Definition of an Overpayment • “An overpayment is when you receive more money for a month than the amount you should have been paid. The amount of your overpayment is the difference between the amount you received and the amount due.”

  3. Common Causes For Overpayments • Unreported/Underreported Wages • Excess Resources or Too Many Assets (SSI) • Change in Living Arrangement (SSI) • Receipt of Worker’s Compensation • Change in Marital Status

  4. Ways to Avoid Overpayments • Report changes “early and often” • Ask questions—document your answers • Overestimate wages—Then follow-up with monthly wage reporting • SSI phone app. • Telephone wage reporting (SSI) • MySSA (SSDI and SSI)

  5. Possible Overpayment Resolutions:#1—Disagree with the FACT of the Overpayment • This is the position that the determination which created the overpayment is incorrect. • Correct resolution is to file a request for a Reconsideration (SSA-561). • Overpayment recovery is suspended during the Reconsideration process. • If the Reconsideration is denied, a request for Hearing can be filed. • Overpayment recovery is NOT suspended during the Hearing process.

  6. Possible Overpayment Resolutions:#2—Agree That the Overpayment Exists but Disagree Over Repayment • If you agree that the FACT of the overpayment is correct, but do not feel it is your fault AND you cannot afford to repay the overpayment • The proper recourse is to file a request for Waiver (SSA-632) • With the request for Waiver, you must submit documentation to affirm your inability to repay (proof of income, bills, etc.) • If the Waiver cannot be approved by Social Security, they will conduct a Personal Conference. • During the Waiver and Personal Conference levels, collection of the overpayment will be suspended. • If the Personal Conference is Denied, a request for Hearing can be filed. Collection of the overpayment is not suspended during the Hearing request.

  7. Possible Overpayment Resolutions:#3—Against Equity & Good Conscience or Misinformation from an SSA Employee • Changed his or her position for the worse or relinquished a valuable right because of reliance upon a notice that a payment would be made or because of the overpayment itself • Was living in a separate household from the overpaid person at the time of the overpayment and did not receive the overpayment • Acceptance of the overpaid funds was contingent on reliance of information provided by an SSA employee that was later found to be incorrect • In these situations, the Request for Waiver form is used (SSA-632)

  8. Possible Overpayment Resolutions:#4—Partial Repayment • Social Security will accept partial payments on the overpayment • If repayment can be fully achieved within 36 months, no proof of financial need will be required • If repayment cannot be fully achieved within 36 months, proof of financial need (copies of all income and expenses) will need to be submitted to SSA • The SSA-632 is used for the purpose of filing a partial repayment request if proof of financial necessity is required

  9. Discussion and Questions

  10. Thank You! Debi Schwartz Get SSA Help, LLC. www.getssahelp.com getssahelp@gmail.com

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