If you’re applying for or are receiving Social Security payments in California or around the country, you may experience what is called an overpayment. An overpayment means that you receive more funds than you were supposed to receive from the social security department. There are a variety of reasons that you may experience an overpayment. Some of these include getting re-married, recently becoming disabled, changing your living location, or you no longer qualify to receive social security benefits.
What should you do if you are overpaid?
In the event that you receive an overpayment, you will be notified by the Social Security Administration about the payment. After the issue is explained to you through a letter, the SSA would expect the money to be returned to them within 30 days of the payment being sent to your account. If you fail to return the money within those 30 days, then the SSA will reduce your monthly SS payments by 10% until the overpayment amount is collected. They will also take this time to inform you when the 10% reduction will begin.
Fighting the accusation
If you believe that you were, in fact, not overpaid, then you will be allowed to appeal the decision. If you take the necessary steps and appeal within 10 days of receiving notice of the overpayment, you will be allowed that amount until the issue is taken care of. However, if you accept that the SSA overpaid you, you may ask for a waiver to remove any penalties. You can do this by filing form SSA 632.
When the waiver is not accepted
If your waiver is denied over and over again, you do have one last option at your disposal. You can request an Administrative Law Judge to oversee your hearing. It is recommended to have an insurance law attorney. The process of filing an appeal and ensuring you keep your funds is a complex process to take on alone. This is why it is critical that you bring on an attorney who is knowledgeable in SSA disputes.