Readers ask: How Long Does Social Security Have To Make A Reconsideration Decision On An Overpayment Issue?

What is the statute of limitations for Social Security overpayments?

Is there a time limit for filing these requests? Follow the time limits given in your Notice of Overpayment. Generally, you have only 60 days from the date of the Notice of Overpayment to file a Request for Reconsideration. If your request is late, tell them what “good cause” reason you have.

What do you do when Social Security says you owe them money?

If you think the overpayment wasn’t your fault, and you can’t afford to pay it back, you can ask SSA to forgive the overpayment. This is called a “ Request for Waiver.” You must file a special form called SSA-632. You should file your Request immediately to stop money from being taken out of your monthly benefits.

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How far back can SSA collect overpayment?

SSA can withhold all of your Social Security benefits to repay the overpayment. However, unless there is fraud involved, they will usually let you pay it back in smaller amounts. You will have to pay back at least $10.00 a month. SSA tries to get the money back within 3 years.

How long does Social Security take for a reconsideration?

On average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

Can you go to jail for owing Social Security?

If you receive Social Security, your benefits will be suspended if you’re convicted of a criminal offense and sent to jail or prison for more than 30 continuous days. If you’re receiving SSI, your payments are suspended while you’re in prison.

Can Social Security overpayment be discharged?

Unless you’ve committed fraud, you can discharge Social Security overpayments in bankruptcy. Essentially, a Social Security overpayment is a debt you have to pay back. But like most debts, absent fraud, Social Security overpayments are typically dischargeable in bankruptcy.

Will I get a stimulus check if I owe Social Security money?

Individuals who receive Social Security disability or SSI should automatically get the stimulus money. If you don’t file a tax return because your income is low and/or your only income is SSI or SSDI or veterans benefits, you are still eligible for the COVID-19 stimulus payment.

What happens if you don’t pay back Social Security overpayment?

If you aren’t receiving benefits, and you don’t pay the amount back, we can recover the overpayment from your federal income tax refund or from your wages if you’re working. Also, we can recover overpayments from future SSI or Social Security benefits.

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Can Social Security take your stimulus check if you owe them money?

If you used to get SSI or Social Security, but don’t anymore, SSA can take the overpayment out of your tax refund. The CARES Act states that SSA may not use the stimulus payment to get back an overpayment from someone who used to get SSI or Social Security.

How do I fight a Social Security overpayment?

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, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.

What happens if you don’t pay overpayment?

If you do not repay your overpayment quickly, the EDD can deduct the money from your future UI or State Disability Insurance benefits. The EDD can also: Reduce or withhold your federal and state income tax refunds.

Why did I get a deposit from SSA Treas 310?

SSA TREAS 310 XXXSOCSEC – this would be a Social Security payment, not the stimulus payment. It means you or a joint account owner have recently set up a direct deposit of funds being paid by the US Treasury.

What happens at a reconsideration hearing?

If you are denied at the reconsideration, you can ask the SSA for a hearing with an administrative law judge (ALJ). At the hearing, the ALJ will question you and any witnesses you bring and give you or your representative the chance to question your witnesses. You will receive the ALJ’s decision in writing.

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How many times can SSI deny you?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.

What is the difference between an appeal and a reconsideration?

Once you get a decision, what you need to do after the decision. The two avenues we’ve seen are to appeal it, or to ask for a reconsideration. If you’re asking for a reconsideration, you’re not appealing. It’s sort of a new claim, a reopened claim, whatever you want to call it.

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