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Ledgerwood Law Group

Q:
I received a SSDI Notice of Overpayment. The notice says the SSA overpaid me because I didn’t report when I finally started receiving child support for my daughter, but I did. Anyway, I’m about to file another lawsuit against my ex-husband for not keeping up with his payments. Nobody caught the SSDI overage for over a year and I won’t receive my California disability benefits for months while the balance is repaid! What do I do?

A:

When the Social Security Administration (SSA) discovers an overpayment in the account of a continuing SSDI recipient, they send out a notice telling the claimant that if they can’t repay the full overage in 30 days, her disability benefits will be entirely withheld until the overage is balanced. This is a terrible hardship on most claimants.

You are in an extremely difficult situation, but you do have a few options that are better than several months of having your full disability benefit withheld. Take a deep breath, and let’s review.

  • Contact the SSA and request that a lesser amount be withheld from your monthly payment. This is the simplest option, but it’s not going to address several of the issues you mentioned. And the SSA doesn’t have to honor your request.
  • If you agree that you were overpaid, you can apply to the SSA for a waiver to forgive the entire amount of the overage.
  • However, you updated the SSA when you started receiving child support. If you can produce evidence proving that the SSA is actually responsible for the overage, you may also be able to obtain a waiver.
  • You can request a reconsideration of your file. Since you’ve needed to file multiple lawsuits for child support, this may be your best option, as the SSA may accept that the situation with your husband is presenting you with an ongoing hardship. Please be aware that it could be difficult to navigate this option without the assistance of a Chico disability attorney.

To learn more about what the Ledgerwood Law Firm can do for you, call 888-761-7383 today.

Thomas Ledgerwood
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Proprietor Ledgerwood Law Group