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Thursday, July 21, 2011
Author: Brett Schmied
An overpayment occurs when Social Security is alleging that it paid a beneficiary more than it should have paid that particular beneficiary. This is why it is important to report directly to your local Social Security office and inform Social Security a change occurred that could affect your monthly benefit amount. Please notify Social Security promptly by phone, mail or in person whenever a change occurs that could affect your benefits. Family members receiving benefits based on your work also should report events that might affect their payments.
The following must be reported: (1) if you begin working; (2) if you receive other disability benefits; (3) if you are offered services under Ticket to Work Program; (4) if you move; (5) if you change bank deposit accounts; (6) if you become unable to manage your benefits; (7) if you get a pension not covered by Social Security; (8) if you get married or divorced; (9) if you change your name; (10) if you care for child who receives benefits; (11) if you become a parent (either naturally or through adoption); (12) if you have an outstanding arrest warrant for certain felonies; (13) if you are convicted of a crime; (14) if you violate a condition of parole or probation; (15) if you leave the United States; (16) if your citizenship status changes; (17) if a beneficiary dies; (18) or if you receive Social Security or Railroad Retirement benefits.
There are two options if an overpayment issue arises. First, if you agree that you have been paid too much and that the overpayment amount is correct, you have options for repaying it.
If you are receiving Social Security benefits, Social Security will withhold the full amount of your benefit each month, unless you ask for a lesser withholding amount and Social Security approves your request. Generally, Social Security will approve your request to a lesser withholding amount as long as the overpayment would paid within 3 years.
If you are receiving Supplemental Security Income (SSI), generally Social Security will withhold 10 percent of the maximum federal benefit rate each month. If you cannot afford this, you may ask that less be taken from your benefit. Or you may ask to pay back the overpayment at a rate greater than 10 percent. The same general rule for lowering the amount applies here. Social Security will not start deducting money from your SSI payments until at least 60 days after it notifies you of the overpayment. If you no longer receive SSI, but you do receive Social Security, you can pay back your SSI overpayment by having up to 10 percent of your monthly Social Security benefit withheld.
If you are not receiving benefits, you can: send a check to Social Security for the entire amount of the overpayment within 30 days; or contact Social Security to set up a plan to pay back the amount in monthly installments. Generally, Social Security will likely approve an amount that would eliminate the overpayment within 3 years.
If you are not receiving benefits, and you do not pay the amount back, Social Security can recover the overpayment from your federal income tax refund or from your wages if you are working. Also, Social Security can recover overpayments from future SSI or Social Security benefits. Social Security also will report the delinquency to credit bureaus.
Alternatively, 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 with your local Social Security office. Your appeal must be in writing. You should explain why you think you have not been overpaid or why you think the amount is not correct.
You have 60 days from the date on the original overpayment notice to file an appeal. Social Security will assume you got this letter five days after the date on it, unless you show Social Security that you did not get it within the five-day period. You must have a good reason for waiting more than 60 days to ask for an appeal.
If you believe you should not have to pay the money back, you can request that Social Security waive collection. You must submit form SSA-632 at your local Social Security office. There is no time limit for filing a waiver. In order for the waiver to be granted, you must prove: (1) the overpayment was not your fault; AND (2) paying the amount back would cause you financial hardship or be unfair for some other reason.
Social Security may ask you to give it proof of your income and expenses. Social Security also may ask you to meet with a Social Security representative. If so, it is important for you to attend this meeting.
Social Security will stop recovering the overpayment until it makes a decision on either your request for an appeal or a waiver. Remember, any decision can be appealed.
Please contact us at (877) SSD-IWIN or email consult@ericjoneslaw.com for additional information.
Friday, June 6, 2011
Author: Eric Jones Law
The Ticket to Work program is voluntary. You get free training, job referrals and other services you need to work. You can give your “Ticket” to an approved provider of your choice. The provider can be either the state vocational rehabilitation agency or an employment network. You and the provider will work together to make a work plan. The plan states exactly what services the provider will furnish.
If you work with a state vocational rehabilitation agency and your Ticket is not assigned to them, once they close your case you may assign your Ticket to an employment network if you are still eligible to participate in the Ticket program. An employment network is a group that may help you find a job and provide other employment services for free. An employment network can be a single organization, or a group of providers. An employment network also can work with others outside their network to provide services
What happens to your benefits? If you have completed your trial work period, are working and have substantial earnings, your Social Security disability benefits may stop. There are some work incentives that may allow you to keep your cash payments for a while, and Social Security can quickly start your benefits again when your income drops or you stop work. If you are only receiving Supplemental Security Income (SSI), then payments are reduced as earnings increase until your benefits are completely eliminated by your earnings.
Although your cash benefits may cease, your health care will not necessarily stop. Most Medicare beneficiaries can maintain their coverage for at least 8½ years after returning to work.
If you begin to work and stop, you can ask Social Security to start your benefits again, including Medicare or Medicaid. You will not have to apply again if your disability causes you to stop working within five years after your benefits stopped. You also may get temporary benefits—as well as Medicare or Medicaid—for up to six months while Social Security reviews your case.
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