You can ask the SSA to reconsider its decision by filing Form 561 of the SSA “Request for Reconsideration”. You can get this form from your local social security office, download the form, or file an appeal online. At the hearing, the ALJ will review the information already in your file and any other documents or evidence you submit. You can give more documents to the judge, but you should try to submit all documents before the hearing date, if possible. (See above.) *Tip: Be sure to let SSA know if your contact information changes before you are notified of your hearing. You can ask SSA to waive the overpayment (to dispense with the payment). To do this, you must submit a waiver request (Form SSA 632). You can get the form at an SSA office, call them and ask them to mail the form to you or get it online. You can request a hearing before an administrative judge (“ALJ”). You must complete and submit Form SSA HA501 “Request for an ALJ Hearing”. You can do this at the SSA office, call them and request the form or pick it up online. You can also request an online hearing at www.ssa.gov/benefits/disability/appeal.html. Formal conference – a more formal meeting with a SSA representative where you can bring witnesses, or * Advice: Whenever you file an appeal or other documents with the SSA, it is important to keep evidence.
If you are submitting a form or other document in person, bring a copy and ask an SSA representative to stamp it. When you send it, keep a copy for yourself and try to send it by registered mail or acknowledgment of receipt so that you have proof of the date SSA received it. You can also contact the SSA Appointments Council. You must submit SSA Form HA520, “Application for Review of Administrative Judge Decision/Order”, within 60 days of the date of the ALJ`s written decision. You can apply to the SSA office, call and ask them to send you the form or pick it up online. You must file Form SSA 561 “Request for Reconsideration”. You can get this form at your local SSA office, request a form over the phone, or download it online. You can also submit a request for reconsideration online. You must submit the form with proof that SSA did not overpay you. Another SSA employee makes the decision to re-audit than the one who decided you owed an overpayment. The decision on the review must be taken in writing. Before the hearing, you have the right to view and copy your file at the SSA hearing office.
You will receive a letter indicating that your file is ready for review. Call SSA at the number at the top of the letter to make an appointment to copy your file. You should carefully review your file to determine if the SSA contains incorrect information or has made errors in detecting an overpayment. You can ask SSA to reduce your repayment rate based on your current financial situation. Weigh your income against your expenses. Decide how much you can afford to pay each month. Ask SSA to reduce your performance only by this amount. SSA will require proof of its income and expenses prior to the decision. You can request a change in the refund rate using this form. In most cases, it is best to check the Informal Conference box. This allows you to meet with an SSA representative who will review your case and explain the reasons for the overpayment. Send the completed forms to your local social security office.
If you have any questions, you can call us toll-free at 1-800-772-1213 Monday to Friday from 7.m a.m to 7 p.m. .m.m. If you are deaf or hard of hearing, you can call our TTY number 1-800-325-0778. You are “no fault” for causing the overpayment, and if SSA forces you to repay the money, it would nullify the “purpose” of the Social Security Act or “be against justice and good conscience.” Yes. You must submit your request for a hearing within 60 days of the date you received the written rejection of the reconsideration. You should try to prove one or more of them: Example: You were in the hospital and did not learn the notice of overpayment in time to appeal within 60 days. For SSI, some changes include changes in income, resources, and/or household size. For SSDI, some changes include returning to work. No. You can request at any time, even after SSA has started collecting the overpayment from you.
If both are true, SSA should grant your waiver request. If you receive SSI, SSA can reduce your benefits by up to 10% to recover the overpayment. The current SSI benefit is $783 per month. The highest SSA could reduce your benefit by $78.30 per month. When you receive SSDI, SSA reduces your monthly benefit to $0 until the overpayment is repaid. An objection is when you ask SSA to decide that the overpayment they are charging is incorrect. You can appeal if one of them applies: you can ask SSA for a compromise or a change in the refund rate. Yes. You must inform the ALJ at least 10 business days before the hearing that you would like the ALJ to issue a subpoena.
At the hearing, you can testify and have witnesses testify. Before the hearing, make a list of the most important things you want to share with the ALJ. You may be nervous at the hearing and forget to say things if they are not written. Your testimony and that of your witnesses are evidence that the ALJ, like all the documents you submit, will take into account. Example: You signed a lease for an apartment you thought you could afford because of the Social Security benefits you received, and it will now be difficult to break your lease without paying a penalty. Yes. A lawyer or non-lawyer can represent you. If you have a lawyer, you should ask them about their fees to understand how much their services will cost.
Asking for a compromise means paying SSA less than the full amount of the overpayment. SSA will not compromise the overpayment if you still have the money that was overpaid or if it has been determined that you caused the overpayment. You can make a compromise offer in writing and submit it to your SSA office. SSA will attempt to recover the overpayment from you. It usually does this by reducing the amount you receive each month. If you disagree 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 need to explain why you think you haven`t been overpaid or why you think the amount isn`t correct. Does the Social Security Administration charge you an overpayment? If so, Social Security believes you received benefits when you were not eligible to receive them. This explains some ways to respond to the overpayment notice. #7403EN you need to prove that you need your income and resources to cover your normal and necessary living expenses. If you have evidence that you have not been overpaid, you must submit it to the ALJ or notify the ALJ at least five business days before your hearing (earlier if possible). The ALJ may disregard evidence you submit later, unless you have a good reason for its delay, for example.B.
SSA must notify you in writing of the overpayment before withdrawing money from your check or attempting to recover (recover) the overpayment in another way….