You may rest a little easier when your monthly Social Security Disability Insurance (SSDI) benefits provide you and your household with a secure income source. However, you may get a sinking feeling when the Social Security Administration (SSA) sends you a written notice that you have been overpaid, the amount you owe back, and your options for repayment. This notice may also detail your options for an appeal or waiver. Well, for this, please continue reading to learn whether you should negotiate a repayment of an SSDI overpayment with the SSA and how an experienced New Jersey SSDI appeals lawyer at The Law Offices of Sheryl Gandel Mazur can mediate these discussions.
What is considered an SSDI benefits overpayment?
As insinuated above, an SSDI benefits overpayment is when the SSA pays you, the beneficiary, more than what you are entitled to for one or more months. Essentially, it is the difference between what you were owed versus what you received.
Upon approving your initial application, the SSA may accurately calculate your monthly benefits amount. However, reporting errors on your end may make this amount inaccurate over time. For example, you may fail to report a new source of income, a new participation in work activity, or a new marital status that leads to a positive change in income, on time.
Should I negotiate a repayment of an SSDI overpayment with the SSA?
To reiterate, upon giving you a written notice, the SSA may offer options to negotiate or waive the amount you owe. As far as negotiation goes, you may request a reconsideration (i.e., file an appeal). This is particularly relevant if you disagree that you have been overpaid or believe the requested repayment amount is too inflated. Importantly, you should not go through this appeals process without proper legal representation.
Or, if you admit that the overpayment claim is fair, you may attempt to negotiate a repayment plan to make the process more financially feasible. That is, you may ask that a certain amount be withheld from your monthly SSDI benefits from this point forward, or that you make monthly payments in small increments via check, money order, or credit card. Better yet, you may request a different, lesser repayment amount.
Lastly, you may overall be under the belief that this repayment request is unfair. This may be because you believe the SSA made an error when initially calculating your monthly benefits amount. Plus, you may be struggling to stay financially afloat as it is, and paying back your overpayment may simply be unaffordable. Under these conditions, you may be better off filing form SSA-632, Request for Waiver of Overpayment Recovery, with your local SSA office.
Before this gets too much, please seek the guidance and counsel of a skilled New Jersey SSDI appeals lawyer from The Law Offices of Sheryl Gandel Mazur. We will work to the best of our ability to minimize or eliminate this mess from your immediate worry.
