Overpayments

Most overpayments in Title II disability cases are caused by the individual returning to work. If an individual plans to return to work, the individual could send Social Security a certified letter of the return to work each and every month. I would recommend that the individual set up an appointment with the local Social Security office prior to returning to work.

We advise clients about reporting work activity in writing as soon as they are awarded benefits. However, not everyone heeds our advice.

If there is an overpayment charged by Social Security, you should file an appeal within thirty days on a form entitled "Request for Reconsideration". By filing within thirty days, you may stop the immediate recoupment actions. You should also file a "Waiver of Overpayment" if you are without fault in causing the overpayment and cannot afford to pay the benefits back.

Overpayments may be negotiated down but under no circumstances should benefits be totally withheld for repayment so an individual is unable to eat or pay rent.

If you receive an overpayment notice, set up an appointment with your Social Security office immediately and start your appeal.