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James Daloisio
James Daloisio, Tax Attorney
Category: Social Security
Satisfied Customers: 99
Experience:  24 years of continuing education and experience.
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I was overpaid in benefits in 2016. I have been notified I

Customer Question

I was overpaid in benefits in 2016. I have been notified I have to pay back the amount over paid. I received notification that benefits for September are being withheld. December benefits will be 479.00 with 1279. being withheld. My question is will I receive benefits for October and November.
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else important you think the Retirement Accountant should know?
Customer: In the letter I received fro Social security, it states 9/17, 0 benefits,12/17 479.00 benefits, 1/18 full benefits will be dispursed
Submitted: 1 month ago.
Category: Social Security
Expert:  James Daloisio replied 1 month ago.

Hi, my name is*****'m an attorney and this happens more often than you'd think. I am not familiar with your case personally so all I can tell you is how social security works when they allege an overpayment and what your options are.

First: When you are notified of an overpayment, repayment will begin 30 days after you receive that letter.

Second: The amount of repayment, unless you specifically request otherwise, will be the full amount of your monthly benefit until the repayment is completed. You may request that they take a lesser amount each month. By looking at the amount of the alleged overpayment, and comparing it to your monthly benefit, you should be able to calculate how many months it will take to repay it. I'm guessing that they are going to take your full benefit for September, October, and November, and then the balance in December will be $479.00.

Third: if you can show the SSA that the overpayment was not your fault, and that you will suffer a financial hardship by paying back the amount, you can request a waiver of collection by filing form SSA-632 which you can download from the SSA website, call and request it at(###) ###-#### or visiting the local office. If you can show a hardship, or that repayment would somehow be unfair to you, you do stand a chance of getting a waiver.

Fourth: You can still request that they take less from you each month. Just call them.

That's how it works. So in answer to your question, I do not believe you will be paid in October and November. However, you can figure it from the amount of the overpayment vs. the amount of your monthly benefits.

I hope this has answered your question. If so I'd appreciate a positive rating here. You may always return with follow up questions after rating, at no additional cost. Thank you!!