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Overpayments Under the Social Security Act

ccornaghie portraitAn overpayment can occur, according to 20 CFR 404.501, when a payment for benefits under the Social Security Act is in excess of an amount due, or results from the failure to impose deductions, to suspend or reduce benefits properly. Overpayments for disability benefits most frequently occur when the individual's benefits are terminated as a result of medical improvement or a return to work activity. In the evaluation the time period involved in an overpayment, SSA has no time restrictions or limitations as to the period of the overpayment, meaning the overpayment can have occurred for years. In an over payment issue, Social Security seeks to recover the funds at issue from the overpaid individual or from any individual who received benefits on the SSN of the overpaid individual. The Social Security Administration he is authorized to recover overpaid benefits from any benefit received by the overpaid individual or any person receiving benefits from that social security number, either in part or in full. Further an IRS tax refund or any other benefit paid by an entity of the federal government can be seized in full or in part. Finally any overpayment assessed against an individual will be reported on the individual's credit record as a debt to the federal government.

A notice of overpayment can be appealed within 60 days by submission of the appropriate forms to the Social Security administration. An individual may also request benefit continuation during the period of appeal be with the agreement that should the appeal be unsuccessful any benefits paid will be refunded to the Social Security Administration.

Download Chris A. Cornaghie's Resume
Certified as a Specialist in Social Security
Disability law by the American Bar Association
Tennessee Supreme Court Rule 31 Listed Mediator 

 

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