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Have you received a letter from the Social Security Administration that says it has reviewed your case and that it overpaid you and now wants the money back?   Federal law allows the social security administration to get back an overpayment of social security disability benefits by either reducing your future benefits or demanding a refund of the overpaid amount.

The Social Security Administration is very busy and moves slowly at time.  When they overpay someone they may take a while to figure out it out but they will figure it out eventually.  The best thing you can do is avoid an overpayment.

How did this happen?

An overpayment can happen for a lot of reasons including 1) continued receipt of benefits after a disability has ended; 2) having too much in earnings; 3) not reporting some or all of your earnings; and 4) not reporting a change in your family situation such as a divorce, remarriage, adoption, leaving school, etc.  In SSI cases, an overpayment can also happen when someone has too many resources.

Can I fight this?

A demand that you repay an overpayment can be challenged in one of two ways.  You can argue that the Social Security Administration is wrong and you were not really overpaid.  You can also ask that the overpayment be waived so you do not have to pay it back.  Normally, in order to succeed in asking the Social Security Administration to waive an overpayment, you must not be at fault in creating the overpayment.

Neither process is guaranteed to win and you must proceed carefully and quickly to protect your rights in an overpayment case.   If you have received a letter from the Social Security Administration demanding that you repay an overpayment, contact us for a free case evaluation.

The Louque Law Firm, LLC
700 Camp Street
New Orleans, Louisiana 70130