Are you presently receiving benefits from the Social Security's Supplemental Security Income and then suddenly you were notified by the Social Security Administration (SSA) that you have been given more money from what you were really supposed to receive?
This is a definite predicament, especially if the SSA demands reimbursement. More so, if they worked out a system by taking out the overpaid amount from your future SSI benefits checks. Worse, still if you are sure that you cannot be blamed for such error on their part.
Fighting an SSI overpayment
Three ways are available for you to prevent the SSA from reimbursing the overpaid amount from your future SSI benefits checks.
1. If you think that there was actually no overpayment made or that the overpaid amount is not accurate, you can convey this to the SSA by requesting for reconsideration.
2. If you are in agreement with the overpayment notice, then request the SSA to discontinue its claim for restitution by filing a form known as SSA-632-bk or the "Request for Waiver of Overpayment." Through this form, you can explain why you cannot be liable for the overpayment on your SSI benefits and why having to pay it back with your future check is unfair and/or would result to hardship on your part.
"Unfair" is an SSA language and can be officially termed in your explanation.
For you to instigate this process, all you need to do is contact the Social Security Office in your locality and request to be given by the request for waiver form. You then, need to complete the form and promptly file it. Consequently, the SSA will answer your waiver request.
If the SSA denies your waiver request, then you may undergo an appeals process wherein it could still have a chance of being granted consideration. You may need the legal assistance of a competent lawyer known for successfully handling this kind of cases.
The appeals process may reach the stage where you need to stand before a judge of an administrative court who will be ruling about the status of the SSI overpayment.
Even if all of your appeal options were already used and the assessed overpayment has been left to a standstill, the SSA would work out with you some repayment arrangements. It would involve reasonably small amounts to be paid monthly.
3. Lastly, you can file both the Request for Reconsideration and the Request for Waiver. Filing these two forms simultaneously would mean that while you are not declaring you have been overpaid, you are requesting the SSA for their consideration of waiving the money even though they have determined that an overpayment indeed, occurred.
Like the waiver request, you can get the form of reconsideration request from the SSA office in your local area.
As you, continue fighting the overpayment, do not forget to seek out a legal specialist to advice you with the important aspects you need to know and do concerning your case.
More information regarding SSI Overpayment Claims can be found on FAQ on supplemental security income overpayment
About the Author
Lala C. Ballatan a.k.a Kay Zetkin discovered the pleasure of writing through her daily journals way back when she was 10. With writing, she felt freedom - to express her viewpoints and assert it, to bring out all concerns -- imagined and observed, to bear witness.
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