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Social Security Disability Overpayment Law

What Will Social Security Do When It Finds An Overpayment

2 On Your Side: Social Security Overpayments

Although it is unusual for the Social Security Administration to pay you more benefits than you are due, mistakes do happen. When overpayment does occur, you can expect the SSA to notify you of the issue. Along with a notification, the SSA will explain what will happen next to correct the discrepancy and notify you of any steps you need to take to rectify the situation.

What Is Child Support

Child support is the money that a parent pays to another party who has physical custody of a child for the childs overall care. In some cases, where there is shared parenting time, the parent with the higher income pays the other parent-child support in order to maintain similar standards of living in both households. Child support payments tend to be administered every month, but this can change based on different factors.

Child support covers the following:

  • The circumstances in which the child is currently living.
  • Where the child is currently living.
  • Certain medical care
  • Education/Tuition expenses
  • Any extracurricular activities the child may be involved in such as rep sports or tutoring

Please click here to view the full official government breakdown of the child support laws and regulations in Ontario.

Recovery By Deduction From State Pension Credit

14. The following paragraphs apply where the recoverable amount falls to be recovered by deduction from state pension credit payable to the liable person.

Subject to paragraphs and , regulation 10 is to apply to the amount of state pension credit to which the liable person is presently entitled to the extent that there may be recovered in any one benefit week

in a case to which paragraph applies, an amount equivalent to not more than 5 times 5 per cent. of the standard allowance for a single person aged 25 or over under regulation 36 of the UC Regulations and

in any other case, an amount equivalent to not more than 3 times 5 per cent. of that allowance.

This paragraph applies where deductions from state pension credit are made to recover from the liable person

the whole or part of an overpayment in respect of which the liable person has

been found guilty of an offence whether under statute or otherwise

made an admission after caution of deception or fraud for the purpose of obtaining universal credit, jobseekers allowance or employment and support allowance or

agreed to pay a penalty under section 115A of the Act and the agreement has not been withdrawn or

a payment which is recoverable by virtue of section 71ZH of the Act .

Where the amount deductible under paragraph is not a multiple of five pence, it is to be rounded up to the next higher such multiple.

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How Do Overpayments Arise

1.1In simple terms an overpayment is benefit that the claimant has received but is not entitled to.

1.2Overpayments of benefit can occur in a number of ways. In the main they are due to claimant, system or official error. They fall into 2 groups:

  • those where recovery is specifically provided for under Social Security legislation
  • those where recovery is not specifically provided for under Social Security legislation but the Secretary of State may in some cases seek recovery under Common Law principles

Offsetting Prior Payment Against Subsequent Award

Reputable Social Security Lawyers Can Unmask Your Case

3.17This is covered by regulation 5 of the Social Security Regulations 1988 and Regulation 16 of the Universal Credit Regulations 2013.

3.18This is considered whenever an award is revised, superseded or overturned on appeal for a period for which benefit has already been paid. The regulation allows any benefit paid for the period covered by the original determination to be offset against the entitlement under the subsequent award. Such an offset, where applicable, is applied to all overpayment types.

3.19Simply put, it means that if someone is now entitled to £50 a week for a particular period but has already been paid £40 a week for that period then the £40 a week should be treated as paid on account of the new award. Consequently only an additional £10 a week is payable for that period under the new award.

3.20This offset can result in a net underpayment for the whole period or a net overpayment for the whole period or indeed neither an overpayment nor an underpayment.

Here are examples of all 3 scenarios:

Example 1 – underpayment

Period under review 3 March 2020 to 30 March 2020:

The total already paid 4 weeks at £40 is £160.The total now due 4 weeks at £50 is £200.The offset amount is £160.The net arrears due £200 minus £160 is £40.

Example 2 – overpayment

Period under review 3 March 2020 to 30 March 2020:

The total already paid 4 weeks at £40 is £160.The total now due 4 weeks at £30 is £120 .The net overpayment £160 minus £120 is £40.

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Richmond Hill Ssd Lawyers Will Fight For You

As a network of Richmond Hill disability attorneys, we know that the road to an award of Social Security disability benefits often is a long and trying one. Dealing with a large government bureaucracy like the Social Security Administration is difficult under the best of circumstances dealing with this bureaucracy when your health is compromised can be overwhelming. Add to this the stress of not being able to work, and it is almost enough to make you think about walking away from the process entirely. We hope you wont do that. At Legal Giant, we have helped hundreds of disabled individuals find a lawyer to navigate the Georgia Social Security system. Whatever stage of the disability benefits process you are in, we can provide steady guidance.

If you are unable to work because of a physical or mental condition that has lasted or is expected to last at least 12 months, then you should consider applying for Richmond Hill Social Security disability benefits. To apply, call the Social Security Administration at 800-772-1213 or visit www.socialsecurity.gov/applyfordisability/. Many people complete the initial application for disability benefits on their own, and so can you, but you dont have to. The Social Security regulations allow for a third-party to complete the application for you. Some Richmond Hill disability attorneys wont do this, but our network of lawyers will. They will review your medical records, evaluate your case, and make sure your paperwork is complete.

What Should I Do About An Ssdi/ssi Overpayment

Whether you receive benefits through Social Security Disability Insurance , Supplemental Security Income , or both programs, there is a possibility that you could receive an overpayment at some point. In some cases, the issue is the result of an error by the Social Security Administration in others, there may be mistakes or omissions that are attributable to you. In either situation, you need to understand how the overpayment occurred and what you need to do about it. Whatever excess amount you received is not yours to keep.

If you only noticed an SSDI/SSI overpayment well after the error, it is important to rely on a Maryland Social Security disability lawyer for assistance in dealing with SSA. Because of the effects on your benefits and financial status, you should also take time to review some basic information.

How to Avoid SSDI/SSI Overpayment: SSA may make an error in processing your benefits, but overpayments are often due to a mistake on behalf of the recipient. In many cases, you could receive an overage by failing to report changes in your circumstances which affect eligibility or the amount of your monthly benefits. Examples include the failure to notify SSA about:

  • An improvement in your disabling medical condition
  • An increase in your income, such as taking on new employment or working additional hours or,
  • Changes in your income or assets, which impact eligibility for SSI.

Our Maryland SSDI/SSI Attorneys Can Assist in Dealing with SSA

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What Social Security Will Do When An Overpayment Is Found

If the SSA determines that you’ve been overpaid, the agency will send you a notice telling you how much you were overpaid and why you weren’t entitled to the amount of money you received. Social Security will ask for a full refund within 30 days of the notice.

If you’re currently getting SSI and you don’t pay back the overpayment in full, the overpayment notice will propose deducting money from your SSI monthly benefit until you’ve repaid the entire overpayment. The notice you receive from Social Security will include the date when the withholding will start .

If you’re currently receiving SSDI and you don’t back the overpayment in full, Social Security will stop paying your benefits until the overpayment is paid off. The SSA will begin holding back your benefits 30 days after the date of the overpayment notice.

The overpayment notice you receive will also explain how you can appeal the overpaymentthat is, ask Social Security to review and reconsider whether there was in fact an overpayment. The letter will also tell you how to ask for a waiver so that you might not have to pay all or some of the money back.

Social Security Disability: Ticket To Work Helped Some Participants But Overpayments Increased Program Costs

Legal Experts Forum: Social Security Disability

GAO-22-104031

The Ticket to Work program seeks to help those receiving Social Security disability benefits find jobs and reduce reliance on benefits.

We found:

  • Participants earned an estimated $2,451 more per year and were slightly more likely to leave the disability rolls than similar nonparticipants
  • From 2002 through 2015, program costs exceeded the savings in benefits by about $806 million
  • Overpayments cost an estimated additional $133-169 million

We recommended that the Social Security Administration identify the root causes of these overpayments and take steps to address them.

Estimated Net Loss to the Social Security Administration from the Ticket to Work Program, 2002-2015

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Who Is Entitled To The Child

There is a general misconception that when parties breakup that children must stay with the mother. The Children Law Reform Act states that both mother and father are entitled to custody of the child.

If, for example, one parent decides to leave and take the children with them, then the law presumes that the other party has expressed or implied their consent to take the child unless a challenge is made. Inaction may lead to what is known as the status quo establishing defacto custody in some situations. This is why it is critical that if a party is not content with the arrangement that they voice this concern and bring a Court Application if required.

It is important to note that access is not suspended, being the right of both the child and parent to physically see one another unless there is a Court Order setting this out. The line may get drawn at some point when it comes to making decisions about the child, as that duty solely rests with the custodial parent.

Negotiating Your Repayment Options

SSA normally tries to recover the full amount of overpayments within three years. However, if that is more than you can afford to pay, SSA will usually negotiate a reasonable payment plan. Sit down and figure out a budget that allows for monthly payments to SSA. Then, call your local SSA office at the number listed on your overpayment notice. Talk to a SSA representative about negotiating repayment options. The representative will discuss your proposal and tell you what documents you will need to provide to support your position. This usually includes, bank statements, bills, receipts and income statements. You will then submit your request along with the required documentation to your local SSA office. The SSA will process your request and get back to you with an answer within 30 days. Unless the agency finds a discrepancy in your income or expenses, the SSA will normally agree to your proposed repayment plan. Repayment amounts will be deducted from your monthly Social Security check unless you make arrangements to pay by credit card or debit.

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But What If You Do Find Yourself With A Social Security Overpayment Bill

You have two options. Option one is to appeal the overpayment. You can argue that overpayment never occurred by showing the SSA that they are miscalculating the overpayment. To do this, you need to show there was no change of income or that any money that did come in to the household is not income that can be counted by the SSA against your SSI or SSDI benefits.

Option two is to ask for a waiver. By asking for a waiver, you are agreeing that an overpayment occurred but you are arguing that you should be excused from having to pay it because it is not your fault that the overpayment occurred and you cannot afford to pay it. To support the second portion of this statement, you will need to provide all your bills and costs for your necessities.

At the end of the day, being held responsible for a Social Security overpayment issue can be avoidable. Report any changes of income or work on a monthly basis to the SSA, keep any supporting documentation that can help support you did everything the SSA asked of you, and be diligent about staying on top of your finances.

Contact us to learn more or get a free attorney consultation.

What Do I Do If I Get A Notice Of Overpayment

Do You Know What Your Disability Plan Offsets?

First make sure you read the Notice carefully. Make sure that they information on it is correct, that the amounts and dates are correct, and try to figure out if you were really overpaid the amount SSA says.

There are three ways to deal with the overpayment.

  • Ask for Reconsideration. This means you want SSA to look at your case again, either by looking at your file or by meeting with you in a conference or hearing. Ask for a reconsideration if you think the amount of the overpayment is wrong, the amount owed is incorrect, or the reason SSA gives for the overpayment is wrong.
  • Ask for a Waiver. If you agree that you were overpaid, you can still ask SSA to waive it so that you dont have to pay it back. Ask for a waiver if you think that the overpayment was not your fault or you cant afford to pay the money back.
  • Ask for a Payment Arrangement. Do this if you think that the overpayment was your fault or you can afford to pay it back. You can tell SSA that you want to pay the money back a little at a time. Whatever you decide to do, act quickly. Do not just put the notice aside. If you do not take care of the amount of money owed SSA will start taking money out of your future checks.
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    Recovery By Deduction From Universal Credit

    11. The following paragraphs apply where the recoverable amount falls to be recovered by deduction from universal credit payable to the liable person.

    Subject to paragraphs to , regulation 10 is to apply to the amount of universal credit to which the liable person is presently entitled to the extent that there may be recovered in any one assessment period

    in a case to which paragraph applies, an amount equivalent to not more than 8 times 5 per cent. of the appropriate universal credit standard allowance

    in a case to which paragraph applies but paragraph does not apply, an amount equivalent to not more than 5 times 5 per cent. of that allowance and

    in any other case, an amount equivalent to not more than 3 times 5 per cent. of that allowance.

    This paragraph applies where deductions from universal credit are made to recover from the liable person

    the whole or part of an overpayment in respect of which the liable person has

    been found guilty of an offence whether under statute or otherwise

    made an admission after caution of deception or fraud for the purpose of obtaining benefit under the Act or a tax credit under the Tax Credits Act 2002 or

    agreed to pay a penalty under section 115A of the Act and the agreement has not been withdrawn or

    a payment which is recoverable by virtue of section 71ZH of the Act .

    This paragraph applies where amounts are deducted from earned income in an award of universal credit by virtue of regulation 22 of the UC Regulations .

    Deduction From Partners Benefit

    5.57Compulsory deductions can be made from a partners income related benefit only if all of the following apply:

    • the overpayment is an overpayment of an income related benefit
    • they were a couple for the period of the overpayment
    • benefit is currently in payment to them as a couple

    5.58The rate would be determined in the same way as any other overpayment deduction from an income related benefit and normal priority rules would apply, for example recovery of the partners fraud debt would take priority over the claimants normal overpayment.

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    How Can I Respond To A Notice Of Overpayment

    You have three options to respond. They are:

    • File a Request for Reconsideration If you disagree with the overpayment or believe that the amount is incorrect. This seeks to have the amount of the overpayment computed again.
    • File a Request for Waiver If the overpayment was not your fault and you cannot repay it or repaying it would be unfair. This seeks to have the overpayment forgiven.
    • Negotiate a Payment Plan If you do not dispute the overpayment, you need to work out a payment plan.

    Is There A Time Limit For Filing These Requests

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    Follow the time limits given in your Notice of Overpayment. Generally, you have only 60 days from the date of the Notice of Overpayment to file a Request for Reconsideration. If your request is late, tell them what good cause reason you have. However, you may file a Request for a Waiver at any time.

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