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Avoiding Disability Benefit Overpayment Errors

By Kenton Koszdin on June 19, 2018 | In Disability Insurance

Avoiding Disability Benefit Overpayment Errors

Immediately following an injury and while a case is pending or even active, an experienced workers’ compensation attorney may help educate injured workers about their rights and responsibilities during the life of the claim. An experienced workers’ compensation attorney may also provide valuable assistance on behalf of injured workers by staying in communication with the California Division of Workers’ Compensation (DWC) and employer representatives such as attorneys and claims administrators.

Even the Social Security Administration (SSA) makes mistakes. The SSA even makes errors that relate to the overpayment of benefits. It would be foolish for a benefit recipient to believe that any windfall in benefits would have no ramifications with the SSA. That such an error would remain unnoticed and the SSA would not try to recoup overpaid funds is downright absurd.

If you are presently a recipient of disability benefits, you must carefully track your monthly payments at regular intervals. Many people make the mistake of spending the overpayment under the false assumption that the money legally belongs to them. When the time comes to reimburse the SSA for overpaid funds, they are typically unable to afford repayment. The result is benefit recipients have a large debt thrown onto their laps which may burden them for years.

Usually, the SSA’s mistake is slight, perhaps a few dollars, and recipients assume that their benefits have increased. Never make this assumption! Always verify in writing the amount of benefits that you receive. If your benefit amount is $223.0, make sure you have a notice from the SSA stating this. The SSA will give you notice and announce any benefit increase or decrease by mail.

If you receive an amount that does not match the amount stated in your allowance letter, inform the SSA as soon as possible. If you do not and continue to receive overpayments, the SSA will eventually send a notice explaining the overpayment and requesting a full refund within 30 days.

Any failure to make a full refund will result in the SSA withholding money from your benefit checks. The SSA will propose to withhold the overpayment either at the rate of 10 percent of the overpayment, or the entire monthly payment, whichever is less. The notice of the overpayment will explain your appeal rights.

If your lawyer doesn’t have a lot of experience with social security disability or workers’ compensation, he or she simply won’t be able to represent and guide you through the process as effectively as the Kenton Koszdin Law Office. The Kenton Koszdin Law Office pledges to provide effective and zealous legal representation on behalf of all Social Security disability claimants so that their claim is approved and they are awarded all of the past, present and future benefits to which they are entitled. Contact the Kenton Koszdin Law Office today for a free consultation. We even offer free in-home consultations! Call 800-438-7734 or visit us online. It will be a pleasure to hear from you. Se habla espańol!

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