- 1). Gather all of the documents relating to your overpayment, including the notice sent to you by the Social Security Administration.
- 2). Gather all of your bills together illustrating how much money you require each month to pay your basic living expenses. Your cell phone, cable TV, Internet service and receipts for eating out will not count as basic living expenses. Include your rent or mortgage payment, heat, electricity and basic phone service.
- 3). Request a reconsideration of the overpayment or a waiver. There will be a form included in your Notice of Overpayment that you can fill out to receive reconsideration. You can also get a copy of the form by calling the SSA or going to their website.
- 4). Request a hearing if you are denied a reconsideration by filling out a Form HA-501, available by calling the SSA or going to their website. The request can also be filled out online.
- 5). Engage a lawyer experienced in dealing with the Social Security Administration. Your local Legal Aid office may also be able to help if you can't afford a lawyer.
- 6). Decide if you want a hearing in front of a judge or if you want the decision based on the evidence in your file. If you decide to have a hearing in front of a judge, you may be required to take medical tests or other exams to provide information about your case. If you have witnesses, you will need to arrange for them to appear in front of the judge or swear an affidavit.
- 7). Wait for the decision from the judge. You can request an appeal using Form HA-520. You must ask for an appeal council review within 60 days of getting the hearing decision.
- 8). Consult with your attorney about submitting any new evidence. Once the Appeals Council reviews your case, it will either grant, deny or dismiss the request, according to the SSA. You may have to have another hearing in front of a judge.
- 9). File an action with the U.S. District Court in your region if you are denied a satisfactory decision from the Appeals Council. Your lawyer will help you file this action. The court will then review the evidence and give you a decision on your case.
- 10
Make a payment arrangement. If you've taken the process as far as you can without success, you will have to pay back the overpayment or the SSA will garnish your wages or payments.
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