Post-Entitlement Issues

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Overpayments

  • 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.