Administrative Law

Overcoming Overpayments

Social Security says I have been overpaid. What do I do? Overpayments are payments that you have received from Social Security that you might not actually be entitled. We can help you overcome overpayments.

Public Benefits Services

Public beneftis programs help individuals obtain help that they may not otherwise be able to afford. In many instances public benefits may be the primary source of income, food, health insurance, or disability assistance for a household. Any sudden or unexpectant change in a family’s circumstances may result in a loss of benefits or overpayment that can severely affect an individuals means of living.

Social Security retirement benefits financial assistance for individuals who have reached retirement age and paid into the Social Security system through payroll taxes. This is a primary benefit for seniors to meet basic living expenses during retirement. To learn more about social security benefits, visit https://www.ssa.gov.

SSI is a needs-based program subject to resource limitations. You cannot have over $2,000.00 in cash or other resources such as land, a home other than where you live.

Supplemental Nutrition Assistance Program (SNAP) is a government funded program that helps low-income individuals and families in need of food. You must be a United States citizen or eligible non-citizen to receive SNAP. To apply for SNAP, please visit https://www.dcfs.louisiana.gov/page/snap. In some cases, Disaster SNAP may be available. Visit https://www.dcfs.louisiana.gov/page/dsnap for more information on how to apply for Disaster SNAP.

Health care benefit programs are available to help low-income individuals and families who need help with health insurance and help paying for medical expenses. They may provide access to preventative care, mental health services and more. To learn more about Medicaid services visit https://ldh.la.gov/medicaid/medicaid-services. To learn more about Medicare, Savings Program visit https://ldh.la.gov/medicaid/medicare-savings-program.

Temporary Assistance for Needy Families (TANF) is a program that provides financial assistance, job training programs, and childcare services to low-income families with children. To learn more visit https://dcfs.louisiana.gov.

If you are a Veteran, you may qualify for federal VA benefits. To learn more about access to Veteran benefits, visit https://www.va.gov. You can also visit a local Louisiana Department of Veterans Affairs office to submit a claim. Visit https://vetaffairs.la.gov/locations/ to find a local office.

What are overpayments?

Overpayments may occur in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. Overpayments are benefits that you have received from the Social Security Administration that you might not be entitle to receive. If you receive a notice alleging that you have been overpaid, you may appeal and/or request a waiver of the alleged overpayment.

In order to be granted an overpayment waiver, you must prove that you were “without fault” in causing the alleged overpayment. You must also prove that you cannot afford to re-pay the alleged overpayment. The Social Security can also request repayment when you are at not fault if it is found you can afford to repay the overpaid amount.

Contact the Social Security Administration (SSA) right away and appeal by filing the type of appeal indicated in your denial notice. Request your benefits to be continued at your usual amount during your appeal. SSA will review the facts again to confirm the overpayment. You will receive another letter following this appeal. In most cases, there are further appeals that may be filed in the claim. Additionally, please note that a waiver request may be filled at any time.

Helpful Tips

Remember to communicate as soon as possible.

Keep all notices you receive. Review and respond to the notices if they require a response.

Document conversations and all communications.

Call 1-866-ASK-ALSC or Apply Online today to see if you qualify for legal assistance.

Public Benefits Resources

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