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Good news for social security disability claimants with overpayments, as the Social Security Administration (SSA) changed “heavy-handed” policies beginning March 25, 2024. www.ssa.gov/ssi/text-overpay-ussi.htm
1) SSA will not be intercepting 100 percent of an overpaid beneficiary’s monthly DIB, also called SSDI, Widow’s/Widower’s benefits etc. automatically if the claimant fails “to respond to our demand for repayment.” Instead, SSA will use a “withhold rate of 10 percent of monthly benefits — similar to the current rate in the Supplemental Security Income (SSI) program.”
2) “ Burden of proof shifts away from the claimant in determining whether there is any evidence that the claimant was at fault in causing the overpayment.”
3) SSA may approve repayment plans up to 60 months after providing “a verbal summary of their income, resources, and expenses, and recipients of the means-tested SSI program would not need to provide even this summary.” This provides 2 extra years for repayments.
4) SSA will make it “easier for overpaid beneficiaries to request a waiver of repayment, in the event they believe themselves to have been without any fault and/or without the ability to repay.” blog.ssa.gov/social-security-announces-four-key-updates-to-address-improper-payments
Most private attorneys do not handle overpayment cases as money has to be obtained upfront; put in a client trust account; a fee petition has to be done billing by the hour; and then the Social Security Administration has to approve the fee. The Law Offices of Kathleen M Flynn, LLC refers these cases to Legal Aid attorneys.
Some examples of overpayments include the following: returning to work at the “substantial gainful activity level” and not notifying SSA; backpay being released to the claimant before the attorney fee is paid; receiving SSI benefits then marrying someone with income and/or resources; and having more than $2,000 in a bank account if single and more than $3,000 if married.
Some examples of not being at fault: documented reporting of employment to SSA but social security disability benefits continued; relying on misinformation from a SSA employee; and SSA forgot to withhold the attorney fee.
The Law Office of Kathleen M Flynn, LLC can help you with social security disability benefits or service connected veteran’s benefits, please visit our website at www.kathleenflynnlaw.com/we-care or call our disability lawyers and staff at 404-479-4431 to learn how you can receive SSI, SSDI (DIB) and veteran’s benefits. #veterans service connected benefits #social security disability #SSI #SSDI #childSSI #DIB #socialsecuritydisabilityattorney #socialsecuritydisabilitylawyer #SSDIAttorney #ssiattorney #dibattorney #ssdilawyer #ssilawyer #diblawyer #overpayments #SocialSecurityAdministration #waiver
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