Post-Entitlement Issues

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  • Work related?
  • Did you report your earnings?
  • Were work incentives calculated?
  • Were you "at fault" in causing the overpayment?
  • Did you report any living situation changes and/or unearned income if on SSI?

Reconsideration of Overpayment

  • Deadline to appeal is 60 days (10 days to keep benefit)
  • Part of regular appeals process
  • Its use is to dispute the accuracy of the overpayment.
  • Documents may be submitted (pay stubs, IRWE's, etc.)

Waiver of Overpayment

  • This is an application to set up payments, ask for a smaller payment, reduce or eliminate the overpayment.
  • It must be shown that you were not `at fault' in causing the overpayment AND it would be a hardship or unfair to pay back the monies.
  • In this process, if the application is denied, the next step would be to go to a personal conference. If the waiver is still denied, a request for hearing in front of an ALJ could be made.

Martinez Settlement - Fleeing Felon Rule

The settlement in the Martinez case changed the "fleeing felon" rule so that benefits can no longer be stopped or denied because of an outstanding arrest warrant in many cases.

IMPORTANT: This case will not help you if:

  • You were convicted and sentenced for a crime and violated your probation or parole.
  • You have an outstanding warrant for flight and/or escape (very rare).

Social Security must stop denying benefits because of most outstanding arrest warrants.

  • Exceptions:
    • Warrants for charges of Escape or Fleeing to Avoid
    • Prosecution (determined by National Crime Information Center felony offense codes 4901,4902,4999)
  • Social Security must stop collecting overpayments based on most outstanding warrants.
  • For some, Social Security must pay back all benefits it did not pay or collected as overpayments.
  • The settlement applies to the following benefits:
  • Social Security retirement, dependents and survivors benefits
  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI)
  • Special Veterans Benefits provided by Social Security