Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Law offices of Stephen Barszcz Disability Lawyer
  • NATIONAL DISABILITY ATTORNEY

What Should I Do If I Receive an SSDI Overpayment?

Litigation7

Once you have been approved for Social Security Disability Insurance (SSDI) payments, you will typically have a five-month waiting period, and then you will begin receiving checks. For disabled adults who qualify for SSDI, receiving a regular payment can allow the recipient to get caught up on bills, provide for minor children, and other expenses that used to get paid with a regular paycheck. Yet it is important to know that you will need to pay attention to the payment amounts you are receiving since receiving an overpayment could cause financial difficulties for you later on.

To be sure, there are situations where the Social Security Administration (SSA) overpays an SSDI recipient, and in these situations, the SSA expects the recipient to pay back the amount of the overpayment. What do you need to know about SSDI overpayments? And what should you do if you received an overpayment? Our national SSDI attorneys can say more, and we are here to help you if you have questions that are specific to your case.

Understanding Overpayment 

What is an SSDI overpayment? In short, an SSDI recipient is considered to have their benefits overpaid when the SSA pays more than the recipient is due based on their work situation or other relevant factors. Here is what the SSA says specifically: “Benefits are overpaid when we can’t accurately calculate your benefit amount because our information is wrong or incomplete. It can happen if you don’t share updates with us about what’s changed in your life, like your ability to work, living situation, marital status, or income.”

If you receive an overpayment, the SSA will send a Notice of Overpayment, and you will be required to pay back the overage amount. You will typically have 30 days to repay the overage amount before the SSA takes steps to collect. Yet you may be able to successfully dispute the Notice of Overpayment.

Seeking Help Disputing the Requirement to Repay 

In cases where a recipient has a financial hardship, or where there is evidence that shows the benefit was not actually miscalculated (and that the “overpayment” is actually part of the full amount you should be receiving), it may be possible to avoid having to repay the SSA.

A lawyer can assess your situation to help you determine how to move forward.

Contact Our National SSDI Lawyers Today for Assistance 

It can be easy to miss an overpayment of your SSDI benefits, especially if your payments are made through direct deposit — as is true for most SSDI recipients. If you were overpaid and you recognize the overpayment before you are contacted by the SSA, it can be easier to repay the overage amount without any financial hassle.

Even if you do not recognize the overpayment when it occurs and receive a notice from the SSA, you can take steps to repay the agency, dispute the notice, or prove a hardship. The experienced national SSDI benefits lawyers at the Law Offices of Stephen Barszcz can help. Contact us today for more information or to seek advice about your current circumstances.

Source:

ssa.gov/manage-benefits/repay-overpaid-benefits

Facebook Twitter LinkedIn

We want to hear from you. Give us a call or fill out our quick online contact form to schedule your free consultation with our attorney.

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Skip footer and go back to main navigation