Tucson Social Security Disability Blog

Can I Limit Social Security’s Ability To Collect Overpayments?

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Every week I get calls from people who are faced with Social Security trying to collect overpayments of benefits. An overpayment can occur for a variety of reasons. It simply means that Social Security has determined that you have been getting more each month than you were entitled to. A common example would be a beneficiary who returned to work or came into some money via an inheritance or some other means. (As always, the rules for Supplemental Security Income (SSI) are different from those for regular disability.

Too Much Of A Good Thing?

Options Available

When faced with an overpayment, a Social Security disability beneficiary has options. She can ask for a waiver, meaning Social Security would agree not to collect what they claim they are owed.  Or, a person could ask for what amounts to a payment plan.  If Social Security agrees, they would reduce a beneficiary’s monthly check by a set amount until the overpayment is satisfied.

A Way To Limit Repayment To Only $10 A Month

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Know Your Rights

If you find yourself negotiating a payment plan with Social Security, you need to be aware of a special circumstance that could drastically reduce what Social Security can take from you. It works like this: if you are getting a 100% subsidy for Medicare Part D, Social Security must accept an offer to pay back $10 per month.

The Medicare Part D subsidy is available to people with assets below $9,230 and who have a monthly income of no more than $1,425. 

If You Get A Medicare Part D Subsidy, You Can Avoid Harsh Repayment Terms

It is wise to check if you already have this subsidy. If not, and you qualify, put in for it.  With any luck, you will never face a Social Security overpayment. But, if you do, you can limit your monthly deduction to $10.

Hearing scheduled? Call Today.

If Social Security has scheduled your disability case to be heard by one of their judges, call me immediately. Unlike many large law firms, I can move quickly to get your case ready to be won.

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About The Author

Since 1992, I have been helping the people of Southern Arizona get the benefits they are due. Before devoting all my efforts to assisting people with Social Security disability claims, I also handled such complex lawsuits as medical malpractice and products liability. I brought to my Social Security cases all the skills and attention to detail that I developed in the courtroom. I approach each Social Security disability case as if it were a million-dollar lawsuit. For the people trying to get Social Security benefits, their claim is every bit as important. Because I have personally handled so many Social Security cases, I have refined the skills I need to win your case for you. I have helped people win cases for every kind of ailment from arthritis to valley fever. At present, I am focused on helping those persons with neurological and orthopedic disorders. Because claims for people over age fifty bring additional complications, I particularly seek out those cases to work on. I regularly write about back and spine conditions on my blog. I actively seek out the latest information about orthopedic and neurological disorders to ensure I can represent my clients as effectively as possible. Because of my current focus, I regret that I am not able to take any cases for mental disorders. If you are over age fifty and suffer from any orthopedic or neurological disorder, please contact me at once.