If you have suffered a debilitating injury and are subsisting on Social Security Disability Income (SSDI) or Supplemental Security Income (SSI), you know how important these payments are. They sustain you, ensuring you are able to afford the essentials, such as food and housing. However, a review may be coming up and your benefits may be at risk of cessation. Even worse, the Social Security Administration (SSA) may have determined that it has overpaid you and are now seeking to recover the money, the sum of which may number in the thousands.
You have the right as a recipient of Social Security benefits to appeal any decision made by the SSA. Let the experienced and knowledgeable Los Angeles-based legal team at the Kenton Koszdin Law Office provide you with the legal guidance you need to make a successful appeal. We will help you navigate the complex appeals process and ensure you avoid any pitfalls. It’s best if you get started soon so call us today toll-free at (800) 438-7734.
What is Social Security Overpayment?
Overpayment is exactly as it sounds – receiving more payments than one is entitled to. This commonly occurs when a recipient goes through the SSA trial work program, which allows one to return to work without losing benefits immediately. He or she may continue receiving benefits even after the trial period has passed. Those benefits received past the trial period would all technically be considered overpayment.
Additionally, a recipient of SSI benefits may be penalized with overpayment if he or she failed to disclose income and/or assets during the application process.
Appealing an Overpayment in Los Angeles
You can make an appeal against an overpayment and receive a waiver based on the following reasons:
- You did not intentionally withhold information or lie to receive additional benefits.
- You are not financially able to repay the overpayment without sacrificing basic needs.
- Enforcing the overpayment would go against equity and good conscience on the part of the SSA.
A qualified attorney can help you build up a viable appeal case by formulating effective legal arguments that stand up under scrutiny by investigators and administrators.
Fighting Against Cessation of Benefits
Depending on the circumstances surrounding your injury, you may be subjected to periodic continuing disability reviews (CDR). If the administrator of the review determines you are able to return to work, he or she may call for the cessation (termination) of your disability benefits, which may lead to the disruption of your livelihood. However, you may exercise your right to appeal the decision and have other parties reconsider your case.
If you wish to appeal cessation of benefits, you must first submit a formal request of a review to the state’s Disability Determination Service Division (DDSD). A DDSD staff member will review your file. If he or she sees no reason to reverse the decision, your file will be passed on to a DDSD hearing officer. If the cessation is upheld still, you may request a hearing in front of an administration law judge (ALJ). If you are rejected at this level, you can turn to the Appeals Council and, if necessary, bring a civil action in federal court.
For more information on how to appeal cessation of benefits, visit the state’s Department of Social Services (CDSS) website, or get in touch with a knowledgeable lawyer who specializes in SSDI and SSI matters.