Social Security Administration (SSA) Addressing Improper Overpayments

Social Security Administration (SSA) Addressing Improper Overpayments with 4 new updates.

(1) Starting March 25th, SSA will be ceasing the practice of intercepting 100 percent of an overpaid beneficiary’s monthly Social Security benefit by default if they fail to respond to SSA’s demand for repayment. Moving forward, SSA will use a default withholding rate of 10 percent of monthly benefits — similar to the current rate in the Supplemental Security Income (SSI) program.

(2) SSA will be reframing its guidance and procedures so that the 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) For the vast majority of beneficiaries who request to work out a repayment plan, SSA recently changed its policy so that SSA will approve repayment plans of up to 60 months. To qualify, Social Security beneficiaries would only need to provide 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 change extended this easier repayment option by an additional two years (from 36 to 60 months).

(4) And finally, SSA will be making it much 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.

For more information, please review the Social Security Administration website.

Nassau Suffolk Law Services Disability Advocacy Project (DAP) assists disabled persons in appealing the initial denial of Supplemental Security Income (SSI) and Social Security Disability (SSD) applications. Eligibility for services is usually based on the receipt of Temporary Assistance (cash public assistance) from the Department of Social Services. Nassau residents can call (516) 292-8100 and Suffolk residents can call (631) 232-2400 to be screened for eligibility.