who are the best il attorney for ssi overpayments

Do disability lawyers take Social Security overpayment cases?

Sometimes, you can file both an appeal and a request for a waiver, depending upon the facts of the case. Both of these options will be discussed in detail in the following sections. Overpayments may be appealed using the Social Security administrative appeal process. 20 C.F.R. §§ 404.902 (j ), (k) and 404.905; 416.1402 (c) and 416.1405.

What happens if you win a social security overpayment case?

Jan 12, 2021 · By Jeffrey Freedman January 12, 2021 Social Security Disability. No Comments. In a previous article, we discussed how overpayments occur and what you can do if you are notified that you have received one or more overpayments. To recap, you have three options available to you: 1) reconsideration; 2) waiver; or 3) payment agreement.

How do I make a social security overpayment online?

Social Security overpayments. Sometimes SSA tells people they have received more Social Security benefits than they were entitled to receive. This is called an overpayment. Usually, SSA will require you to pay back any overpaid benefits. If you do not pay in full within 30 days, they will reduce your current benefits until the money is paid back.

How does an attorney pay for an overpayment case?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000, whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney. The problem with overpayment cases is that when you win an overpayment case, there is no backpay ...

How do I beat Social Security overpayment?

How do I appeal the overpayment? You must file SSA Form 561, "Request for Reconsideration." You can get this form at your local SSA office, ask for one by phone, or download it online. You can also file a Request for Reconsideration online. You should turn the form in with evidence showing SSA did not overpay you.

How do I waive my overpayment for SSI?

If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing Form SSA-561, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.

Who is responsible for Social Security overpayment?

The beneficiary is liable if he or she received the benefit of the monies; The representative payee is personally liable if he or she: Was at fault in creating the overpayment; or. Did not apply the monies for the beneficiary's use and benefit.Apr 19, 2010

How Much Can Social Security take for overpayment?

If an overpayment has been made, by law Social Security can deduct 10% of your benefit check until it collects its loss. A request for a Reduced Rate of Repayment asks Social Security to collect less than the 10% because that is as much as you can afford to pay every month.

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What is an SSI waiver?

If you get a letter from Social Security that you were overpaid Social Security or SSI benefits, you can ask Social Security for a waiver. You do not need a lawyer to ask for a waiver. If you ask for a waiver and it is granted, you do not have to pay the money back to Social Security.

How does SSI overpayment work?

An overpayment is when you receive more money for a month than the amount you should have been paid. The amount of your overpayment is the difference between the amount you received and the amount due.

Is a payee responsible for SSI overpayment?

Generally, unless the eligible individual has a representative payee, he or she is liable for repayment of any overpayment he or she incurs.Nov 23, 2010

Can Social Security overpayment be discharged?

Unless you've committed fraud, you can discharge Social Security overpayments in bankruptcy. If the Social Security Administration (SSA) accidentally pays you more retirement or disability benefits than you are entitled to, it can come after you to collect the overpayment.

What happens if you get an overpayment from Social Security?

When clients receive a Notice of Overpayment from SSA, their monthly income is in jeopardy of being reduced for reasons they may not agree with or understand. As an advocate, it is important to understand the reasons why overpayments happen, the requirements for SSA notices, the SSA's appeals process and SSA's collection methods for recouping an overpayment debt in order to answer your client's questions.

What to do if client does not have copies of overpayment?

If the client does not have copies of the Notice of Overpayment (s), then the advocate needs to follow up with a Social Security District Office. Generally, advocates should start by contacting the Attorney Liaison for the District Office handling the claimant’s neighborhood and ask to be provided with copies of the notice (s).

How to challenge an overpayment?

There are two basic approaches to challenging an overpayment. If you believe the overpayment is erroneous, then you file an appeal. If, on the other hand, the person has a legitimate overpayment but was not at fault in causing the overpayment, then you request a waiver of the overpayment. Sometimes, you can file both an appeal and a request for a waiver, depending upon the facts of the case. Both of these options will be discussed in detail in the following sections.

What is a notice of overpayment?

The Notice of Overpayment is required to explain the basis of SSA’s decision. 20 C.F.R. § 404.502a provides the notice must include “ [t]he overpayment amount and how and when it occurred.” (Social Security). 20 C.F.R. § 416.558 (a) requires notice of the correct and incorrect amounts for each month in the period period will be sent to the individual against whom adjustment or recovery [is sought].” (SSI).

How long does it take to get a reconsideration from the SSA?

A claimant has 60 days from the date of decision to file a request for reconsideration. Because SSA gives time for mailing, it assumes that a decision is received by the claimant within 5 days of the date on the decision. As a result, a claimant actually has 65 days from the date on the decision to file a request for reconsideration. 20 C.F.R. §§ 404.909 (a) (1) and 404.901; 416.1409 and 404.1401.

Can SSA garnish wages?

In certain circumstance, SSA may garnish a person’s wages to collect Social Security and SSI overpayments. 20 C.F.R. § 404.527. However, the situations under which garnishment can be done are limited and there are several steps that can be taken by individuals to avoid this garnishment altogether.

How long does it take to file an ALJ?

A claimant has 60 days from the date of decision to file a request for ALJ hearing. Because SSA gives time for mailing, it assumes that a decision is received by the claimant within 5 days of the date on the decision. As a result, a claimant actually has 65 days from the date on the decision to file a request for hearing. 20 C.F.R. §§ 404.933 (b) (1) and 404.901; 416.1433 and 416.1401.

Why is SSA at fault?

Sometimes SSA is at fault due to flawed calculations or by failing to consider information that’s been reported. So it’s important to maintain proper documentation when communicating about changed circumstances. Beneficiaries should:

What are the changes to SSI?

An SSI beneficiary or representative payee is also responsible for reporting changes that could affect payments, such as: 1 Marriage 2 Increased income or resources 3 New residential living arrangement 4 No longer having a disability

What is the difference between income and resources?

Income is something of value in a particular month that the recipient receives that can be used for food- or shelter-related expenses. Resources are something of value that can be used for food- or shelter-related expenses that is owned or retained the month following the month that it is received.

How much money can a beneficiary have?

Beneficiaries cannot have more than $2,000 in “countable resources,” such as cash, investments and other valuables. On the other hand, a single vehicle for the beneficiary’s use, a home they own and reside in, and personal belongings are not considered.

How much can you contribute to an ABLE account?

In general, annual contributions to an ABLE account may not exceed $15,000 (2018 limit). [However, that cap can be exceeded to accommodate beneficiary earnings below the federal poverty limit ($12,060 for an unmarried individual in 2018) if the individual doesn’t participate in an employer retirement plan.]

How much of a monthly payment can SSA withhold?

At the recipient’s request, SSA may agree to stretch out repayment by withholding only 10 percent of each month’s benefit. If benefits have been eliminated altogether and the recipient has limited resources with which to pay, SSA may accept periodic payments or be open to further compromise.

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How much do disability attorneys charge?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000 , whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney.

What happens if you lose your Social Security case?

That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...

What is retainer fee?

A retainer represents an estimate of the number of hours it might take the attorney to work on your case. For example, if an attorney thought it would take him 15 hours to handle your overpayment case, and his usual rate is $200 per hour, then he might decide to charge you a $3,000 retainer fee before beginning work on your case (15 hours x $200).

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

Can a disability attorney take overpayment cases?

If you are looking for an attorney to represent you in your Social Security overpayment case, you will find that many disability attorneys do not take overpayment cases. The reason has to do with Social Security's rules about how attorneys get paid.

How do I fight my SSDI overpayment?

Here are your choices: Ask for Reconsideration. This is an appeal. Ask for a Waiver. If you agree that you were overpaid , you can still ask SSA to waive it so that you don’t have to pay it back. Ask for a Payment Arrangement. Do this if you think that the overpayment was your fault or you can afford to pay it back.

What happens if Social Security disability overpaid you?

Social Security can take up to 100% of your SSDI check to repay the overpayment . If you working and you are past your Trial Work Period but still in your Extended Period of Eligibility, Social Security can stop your payment for any month when you earn more than the Substantial Gainful Activity amount.

How Much Can Social Security take for overpayment?

If you are still getting SSI, Social Security can take up to 10% of the SSI payment amount from your check to repay the overpayment .

What is the most an attorney can charge for disability?

Again, the maximum the disability attorney can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your attorney will be paid $2,500 and you will receive $7,500.

Can Social Security overpayment be discharged?

Yes. In general, Social Security overpayments can be eliminated by filing for Chapter 7 bankruptcy. They can be treated as typical unsecured debt in Chapter 13. However, all creditors have the ability to challenge discharge if it appears that the debtor incurred the debt through fraud or fraudulent pretenses.

Can benefit overpayment be written off?

The DWP can make deductions from most types of benefits to collect overpayments . In some circumstances, the DWP will agree to ‘ write – off ‘ the overpayment if your repayments are causing you hardship. Ask your local MP to help. If you are not on any benefits , you can treat the overpayment as a non-priority debt.

What is the most money you can get on SSDI?

Earnings from jobs covered by Social Security are used to determine the amount of monthly SSDI benefits payments. Right now, the average for an individual is $1,197, and the maximum is $2,788. Try the SSDI calculator to estimate your payment.

What is an overpayment?

An overpayment is when you receive more money for a month than the amount you should have been paid. The amount of your overpayment is the difference between the amount you received and the amount due.

Can you pay back an overpayment?

You cannot pay back the overpayment because you need the money to meet your ordinary living expenses. You may have to submit proof of your income, as well as bills to show that all of your income is used for your monthly expenses and that it would be a hardship for you to repay.

Pay an Overpayment

We’re pleased to announce that we’ve expanded the options for you to repay overpayments online. If you have an overpayment debt, you may be eligible to make a full or partial payment using Pay.gov or your bank’s online bill pay option. Pay.gov is a secure online service provided by the Department of the Treasury.

Using Pay.gov to Make Your Payment

Our billing notices now include the Pay.gov website information as well as a new Remittance ID. The Remittance ID is a 10-digit alphanumeric number used instead of your Social Security number for online payments. To make a payment, follow these steps:

Changing Circumstances

• An SSI beneficiary or representative payeeis also responsible for reporting changes that could affect payments, such as: 1. Marriage 2. Increased income or resources 3. New residential living arrangement 4. No longer having a disability Fluctuating earnings can present a special problem. Monthly pay in excess of prior earning levels known by the SS...

See more on specialneedsalliance.org

SSA Error and Avoiding Overpayments

Request For Reconsideration

Waivers

Alternate Payment Plan