How to Handle Overpayment of Social Security Disability Benefits

By Michelle Shvarts
Principal Attorney

Receiving Social Security Disability benefits is a lifeline for those individuals with disabilities. However, complications can arise when recipients are confronted with the issue of overpayment. She Social Security Administration (SSA) may determine that an individual has been paid more benefits than they are entitled to, leading to concerns about repayment. Let’s explore the steps you can take and the importance of legal assistance when handling overpayment of Social Security Disability benefits.

How to Handle Overpayment of Social Security Disability Benefits

Overpayment of Social Security Disability benefits occurs when a recipient receives more SSD benefits than they are entitled to based on their disability and financial circumstances. Common reasons for overpayment include changes in income, employment status, or failure to report improved medical conditions. It’s crucial or recipients to understand the specific reasons behind the overpayment to address the issue effectively.

When the SSA determines an overpayment, recipients will typically receive a Notice of Overpayment, detailing the amount owed and the reason for the overpayment. It is essential to carefully review this notice and understand the basis of the SSA’s decision. Recipients have the right to appeal the overpayment determination, and it’s crucial to initiate the appeals process promptly.

Navigating the complexities of overpayment issues can be overwhelming, especially for individuals already dealing with disabling conditions. Consulting with an experienced Social Security disability attorney is a wise step. Attorneys specializing in this area can provide valuable insights, guide recipients through the appeals process, and advocate for their clients’ rights.

In certain cases, recipients may face financial hardship in repaying the overpayment amount. Social Security disability attorneys can assist in presenting evidence of financial difficulties, such as medical expenses or limited income, to the SSA. Demonstrating financial hardship may lead to a reduction in the repayment amount or a more lenient repayment plan. Attorneys can engage with the SSA on behalf of their clients to negotiate reasonable and manageable repayment plans. This may involve discussing options for partial payments, extended repayment periods, or other arrangements that take into account the individual circumstances of the recipient.

You may also want to dispute the overpayment determination. This can be done by presenting evidence that challenges the SSA’s findings. This may involve providing documentation of medical conditions, financial situations, or other factors that may have influenced the overpayment decision.

Remaining informed about changes in income, medical conditions, or employment status is crucial for preventing future overpayments. Your attorney can advise you on the importance of reporting changes in a timely manner to the SSA and staying compliant with program rules to avoid recurrence of overpayment issues.

Contact Our Disability Attorneys Today

The dedicated team at Disability Advocates can help you effectively navigate and handle overpayment of Social Security disability benefits. It can be a stressful process, but having knowledgeable, experienced disability benefits council by your side can be a great comfort in an otherwise uncomfortable time. Let us help you as we work towards resolving overpayment concerns and maintaining the essential financial support provided by SSD benefits. Contact us today.

About the Author
Ms. Shvarts is the managing attorney for Disability Advocates Group. She opened Disability Advocates Group to assist individuals who became disabled and unable to work to obtain the benefits they need and deserve.  Ms. Shvarts and the rest of the team at Disability Advocates Group are dedicated to assisting individuals obtain Social Security Disability Benefits (SSDI) and Supplemental Security Income (SSI) benefits.