OVERPAYMENT OF DISABILITY BENEFITS

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The Social Security Administration can decide that you have received more money for a month, or months, than you were due and ask for the difference back. If so, you will have received a letter stating that a certain amount was overpaid to you and you have 30 days to repay that overage to the SSA.

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Call us when you get that notice. We may be able to help.

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Below are some things you need to understand. Let’s begin with what causes an overpayment.

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Overpayments of your disability benefits can occur if:

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• You are no longer disabled. The LTD/STD Plan Administrator or SSA determines that your illness or impairment has improved to the point that you no longer meet the disability criteria. This determination may be made after an eligibility review of your case or because you are enrolled in the Ticket To Work program and the resultant income you earn disqualifies you from receiving disability benefits.

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• Your income and assets have exceeded the allowable limit.​

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• Your living situation changed or you’ve gotten married.

 

• You didn’t report any changes in the above to the LTD/STD Plan Administrator or Social Security Administration, as required, on time or at all.

 

• Your benefits were calculated incorrectly because of a lack of information or incorrect information.

 

• Your benefits were calculated incorrectly due to human error.

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Whatever the reason, if you received a notice from listing the amount of the overpayment and requesting that you send a full refund within 10 or 30 days, it is time to call us.

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We can take the following actions:

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• Appeal the decision to contest that an overpayment occurred or the amount of any overpayment,

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• For SSA benefits, appeal the decision to establish your lack of fault in causing the overpayment and the unfairness in recovery of the overpaid amounts,

 

• For SSA benefits, request that SSA withhold the overpayment at the rate of 10% of the entire monthly payment,

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The point is, you have options and our experienced team of lawyers can explain your options to you.

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From the moment you hire us, you no longer have to talk with the LTD/STD Plan Administrator or SSA. We handle all communication for you, from the very beginning of the case right through the appeal.

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But it is important that you call us right away.

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You cannot hide your head in the sand about the repayment of disability benefits.  Though you do have to face the problem, you need not face it alone.

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Don’t let any more time pass before dealing with the thorny issue of disability overpayment.

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The experienced team at The Law Offices of Sima G. Aghai stands ready to help.  Call us now.