Navigating the SSA Overpayment Review Process: Know Your Rights and Responsibilities, § 404.522

Social Security overpayments can happen for various reasons, and it is essential to understand your rights and responsibilities when it comes to disputing or resolving these overpayments.

In this blog post, we will discuss the review process within the Social Security Administration (SSA) for overpayments that are past due and legally enforceable, as stated in § 404.522.

1. Notification by Overpaid Individual: If you receive a notice of overpayment as described in § 404.521, you have the right to present evidence that all or part of the overpayment is not past due or not legally enforceable. To exercise this right, you must notify the SSA and present evidence regarding the overpayment within 60 calendar days from the date of the notice.
2. Submission of Evidence: You can submit evidence showing that all or part of the debt is not past due or not legally enforceable as outlined in paragraph (a). However, failure to submit the notification and evidence within 60 calendar days will result in referral of the overpayment to the Department of the Treasury. You can still ask the SSA to waive the collection of the overpayment within this 60-day period if you have not yet received a waiver determination.
3. Waiver Requests: If you request a waiver of the overpayment collection, the SSA may ask you to submit evidence supporting your request. Note that this is a separate process from disputing the overpayment itself, as it involves asking the SSA to forgive the debt instead of arguing its validity.
4. Review of the Evidence: Upon timely submission of evidence by the overpaid individual, the SSA will consider all available evidence related to the overpayment. If you have not requested a waiver, the SSA will make findings based on a review of the written record, unless they determine that the question of indebtedness cannot be resolved by a review of the documentary evidence.
5. Oral Hearings for Waiver Requests: If you have requested a waiver and the SSA’s records do not show that you were previously found at fault in accepting the overpayment after an oral hearing, they will not deny your waiver request without first scheduling an oral hearing. This ensures that you have an opportunity to present your case before a final decision is made.

Example: John’s Overpayment Review Process

John, a Social Security beneficiary, receives a notice from the SSA stating that he has been overpaid by $3,000 due to an error in calculating his benefits. He firmly believes that the overpayment is not past due and not legally enforceable. Here’s how John can navigate the SSA overpayment review process:

1. Notification by Overpaid Individual: John decides to exercise his right to present evidence regarding the overpayment. Within 60 calendar days from the date of the notice, he notifies the SSA of his intention to dispute the overpayment.
2. Submission of Evidence: John gathers relevant documents, such as bank statements and benefit payment records, that support his claim that the overpayment is not past due or not legally enforceable. He submits this evidence to the SSA within the 60-day timeframe.
3. Waiver Requests (Optional): If John feels that repaying the overpayment would cause financial hardship, he may also choose to request a waiver of the overpayment collection. In this case, he would need to submit additional evidence demonstrating his financial situation and explaining why he cannot afford to repay the overpayment.
4. Review of the Evidence: The SSA reviews John’s submitted evidence and any additional information they have related to his overpayment. They consider all available evidence to determine if the overpayment is past due and legally enforceable.
5. Oral Hearings for Waiver Requests (If Applicable): If John requested a waiver and the SSA’s records do not show that he was previously found at fault in accepting the overpayment after an oral hearing, the SSA will schedule an oral hearing for John to present his case before making a final decision on his waiver request.

In this example, by understanding his rights and responsibilities in the SSA overpayment review process, John can effectively dispute the overpayment and potentially resolve the issue.

Conclusion: Understanding the SSA overpayment review process is crucial for those who have received an overpayment notice. By being aware of your rights and responsibilities, you can effectively navigate this process and potentially resolve your overpayment issue. Remember to act promptly and submit the necessary evidence within the 60-day timeframe to ensure your case receives proper consideration.

https://www.ssa.gov/OP_Home/cfr20/404/404-0522.htm