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When is an individual "at fault" in receiving an overpayment?

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

1917. When is an individual "at fault" in receiving an overpayment?

You are "at fault" if the overpayment results from:

  1. A willful misstatement;

  2. Hiding of facts or fraud which directly or indirectly caused the overpayment;

  3. Your failure to furnish information that you knew or should have known was important; or

  4. Acceptance of a payment that you knew or should have known was incorrect.

Last Revised: March, 2001


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There are 8 Comments

Submitted by Guest (not verified) on Tue, 01/20/2009 - 13:37

when i was overpayed i had sent all the information in that was needed and they still make me pay it back i had an a appeal they still say im at fault i dont think so and if i pay every month i dont think its fair for me to have to give them my tax money if thats the case then i should not pay a monthly rate but when i made my agreement it was under the old law not the new one if they take my taxes its going to be and very big issue because i will sue the social security adminatration because they are trying to get over on people and thats not fair to someone trying to repay it and they still take they money people work to survive and they just making it harder then what it is for people

Submitted by Guest (not verified) on Wed, 01/21/2009 - 14:10

what age do you stop getting social security benifits

Submitted by Guest (not verified) on Wed, 01/21/2009 - 17:27

I APPLIED FOR MY RETIREMENT IN OCTOBER 2008. I TO TODAYS DATE OF JANUARY 21, 2009 HAVE NOT RECEIVED A CORRECT AMOUNT FOR ANY MONTH. I WAS ALSO TOLD BY AN AGENT THAT THEY FELT MY AMOUNT PER MONTH WAS CALCULATED WRONG ON THE SAME DAY, SAME PERSON THAT ISSUED AN OVERPAMENT I HAVE SPENT HOURS AND HOURS ON HOLD OVER AND OVER BEGGING FOR SOMEONE TO GET MY AMOUNT AND TIME OF CHECKS STRAIGHTENED OUT FOR GOOD. I HAVE BEEN VERY PATIENT, MY SOCIAL SECURITY CHECK IS ALL I HAVE TO LIVE ON. I HAVE SAT AT MY LOCAL OFFICE FOR 2HOURS AND AGAIN ASSURED IT WAS ALL OK, AGAIN I GET A LETTER YESTERDAY STATING I WILL GET $346 ON THE 3RD WED. NOTHING ELSE. I AM SOOOOO ANGRY AND FRUSTRATED I DON'T KNOW WERE TO TURN. TO ADD TO EXTREME ANGER I HAVE BEEN ON HOLD FOR 20 MIN FOR THE 3RD TIME TODAY AND JUST GOT CUT OFF.

Submitted by Site Admin on Wed, 01/21/2009 - 23:48

This depends on the type of benefit. For retirement benefits, no age limit. For children, generally age 18 unless disabled or a full-time student.

See http://www.ssa.gov/pubs/10085.html

Submitted by Guest (not verified) on Mon, 05/06/2013 - 11:52

Hello to my fellow Americans.SSA has stolen most of my federal tax refund this year out of the clear blue sky for a reason due to no fault of my own.SSA is an oppressive government agency that is allowed to be that way by Congress.I am not a vengeful person but I refuse to be ripped off.Lets file a class action lawsuit against the Social Security Administration,hopefully to the point of bankrupting the agency if necessary.Stealing is against the law unless it has been legalized.For those who sympathize with my beliefs and want to join my fight against SSA,I want to hear from you.

Scott ,anti-SSA crusader

Submitted by montressa on Wed, 05/29/2013 - 11:40

I started receiving my benefits in April 2013 I got my benefits check and my first lump sum installment check for ssi the next month. I was on their website and it stated I was not receiving my SSDI check because of an overpayment when I called they stated they couldn't find it.

I called the SSA Rep he couldn't find it so he wrote to the payment center he stated could explain to me better once they had 15 days to notify me which they haven't or have not even given me a notice of an overpayment and when I call the 1800-# they say they can't even find and overpayment in the first place

the 1800*center sent me appeal papers it has been 30+days and no notification and nowhere can it be found do you think they could have made a bad mistake on there part and should I do the appeal papers?

Submitted by Site Admin on Thu, 05/30/2013 - 09:19

You'll have to contact the SSA for your particular case. However, you should be aware there are time limits regarding appeals. You may be nearing the end of these time limits.

You must request an appeal in writing within 60 days of the date you receive your notice. The notice will tell you how to appeal. If you file an appeal within 10 days, your SSI benefits may continue at the same amount until they make a determination on your appeal.

http://www.ssa.gov/ssi/text-appeals-ussi.htm


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