Guide to Social Security Overpayment and Statute of Limitations

Meta: When you receive a Notice of Overpayment from the Social Security Administration, it’s crucial to obtain legal representation as quickly as possible. Richard Sly, Social Security and Disability attorney, has been representing clients for nearly 50 years with proven experience filing over 7,000 claims and achieving results that best suit the needs of his clients in the Oregon, Southwest Washington, and Vancouver areas.

 

Lawyer for Social Security Overpayment

After receiving a Social Security Overpayment Notice, you may feel blindsided, confused, overwhelmed, and unsure of what to do next. With nearly 50 years of experience working on over 7,000 individual claims, Richard Sly is the man to call with all legal questions about social security and disability.

Sly’s extensive experience with the Social Security system will work to your benefit to understand your situation, advise you on your next steps, and inform you of your rights throughout this unexpected ordeal. Serving the Oregon, Southwest Washington, and Vancouver area since 1974, Richard Sly has successfully filed thousands of claims using his wide range of expertise—he will make sure your case is handled with the utmost diligence and care.

As a Social Security system expert, Sly will advocate tirelessly for your rights to ensure the most favorable outcome. If you’ve found yourself in an unfortunate situation, call Sly right away. He’s eagerly awaiting your call at (503) 482-2931.

 

What Is Social Security Overpayment?

Social Security Overpayment is when an individual receiving Social Security receives more funds than they are legally entitled to under the law. When the Social Security Administration has reason to believe an individual collecting Social Security benefits has been overpaid, they will send out a Notice of Overpayment.

 

What Can Cause an Overpayment?

If you’ve received an unexpected notice of Social Security Overpayment, it could be due to a few possible reasons.

Some of the reasons Social Security may have overpaid you include:

  • Inaccurate estimate of income
  • Change of address or living situation
  • Change in marital status
  • Household resources exceed the allowable limit
  • Change in disability status
  • Failure to report a change in any of the above statuses
  • Benefits have been inaccurately calculated due to incorrect or incomplete information provided

 

What Is the Statute of Limitations of Social Security Overpayment?

Though it’s intimidating to receive a Notice of Overpayment from the Social Security Administration, there are a few instances in which it’s unlikely the office will seek reimbursement of overpaid funds. In general, in cases of Social Security Disability (SSI), the Administration will no longer seek repayment of overpaid funds more than two years old. Similarly, Social Security Benefits that have been overpaid more than four years ago are less likely to be requested.

However, these are not hard and fast rules—only general guidelines. If the SSA has any reason to suspect that the individual collecting overpaid SSI or Social Security Benefits intentionally defrauded the office, the Statute of Limitations no longer applies, and they are far more likely to seek repayment and even prosecute offenses.

 

I received an Overpayment Notice, what should I do?

When you receive a Notice of Overpayment, the SSA will request that you repay excess funds within 30 days. Before you write a check or start to panic, you should contact our office as soon as possible. In cases involving an Overpayment Notice, it’s important that we act quickly and efficiently to avoid additional consequences, inconveniences, and changes to your benefits.

We will review your notice, your case, and your options to ensure we achieve the best possible outcome. We will confirm that all the information, amounts, and dates on the notice and in your Social Security application are correct. After our office reviews all your information, we have a few possible options for your case.

 

Reconsideration

If the information on your Social Security application accurately reflects your situation and we feel the Notice of Overpayment has been filed incorrectly, we will file for reconsideration. We’ll essentially tell the Social Security Administration to take another look at your case.

Our offices will help you request and fill out a reconsideration form to submit in writing. After we send in your reconsideration, the SSA will review the information provided and issue a final ruling on your case.

 

Waivers

If you feel that the information on the Notice of Overpayment is correct and you have been overpaid, you still have options before you have to write a check to the SSA. If the information provided on your Social Security application was incorrect by no fault of your own or your Social Security Benefit accurately reflects your living expenses, we will file a waiver on your behalf.

After submitting all the necessary documents detailing your bills, living expenses, and actual Social Security benefit, a waiver will petition the SSA to take financial hardship into account. If you feel you’ve been overpaid but do not have the funds to move ahead with repayment, a waiver will work to remove your legal responsibility to repay over-issued funds.

It is not guaranteed that the SSA will accept all filed waivers—even with the proper paperwork—so it’s essential that you call Richard Sly. His expertise will help you navigate the tedious filing process, ensuring that your waiver case is as strong as possible.

 

Making Repayment Arrangements

If the above methods of reconsideration and waiver do not fit your situation or have been denied by the SSA, you are not out of options yet. If your case suggests that you have been overpaid, it’s best to start making repayment arrangements as quickly as possible.

Richard Sly understands that individuals collecting Social Security Benefits may not be in the financial situation to repay an overpayment all at once. With our help, you can contact the SSA and state that you would like to begin a repayment plan.

Using a repayment plan, the SSA will accept repayment of overpaid funds in small installments over time. The amount you will be required to pay in each installment will be calculated based on your monthly expenses. In this case, Richard Sly will fight to protect your access to a livable income.

 

Call Our Offices Today

No one should have to go through life’s difficulties alone, and Social Security is no different. If you have received a Notice of Overpayment and need help navigating the complicated Social Security System, Richard Sly is here to help.

It’s imperative to act fast to limit the adverse consequences of future garnished checks. When you call us at (503) 482-2931, we will begin reviewing your case immediately so that we can get you the best possible outcome.