Social Security Overpayment Help in Sacramento

More Than 100 Years of Combined Legal Experience for Complex Benefit Issues

A Social Security overpayment notice means the Social Security Administration believes you received more benefits than you were entitled to. The notice should identify the reason, amount, months involved, proposed collection method, and available response options.

Choosing the right response requires more than checking a form. We review the notice alongside your disability benefits, work activity, earnings, financial circumstances, and any related workers’ compensation issues. Depending on the facts, you may need to dispute the debt, request a waiver, seek an affordable repayment rate, or pursue more than one option.

Don’t set the notice aside while collection or benefit withholding may be pending. Call (916) 571-0400 to discuss your Social Security overpayment concern with our firm.

Serving Injured & Disabled Clients Since 1969

Smolich and Smolich has served injured and disabled clients since 1969. Our practice includes Social Security Disability and workers’ compensation representation. Our work in both areas gives us relevant insight when Social Security adjustments overlap with reduced income, work restrictions, or benefits related to a job injury.

Our attorneys bring more than 100 years of combined legal experience, and our firm includes attorneys with workers’ compensation certification. We provide one-on-one attention and tailor our approach to each client’s notice, records, and related benefit concerns.

What Can Cause a Social Security Overpayment?

Overpayments may result from missing, delayed, or incorrect information about work, earnings, income, resources, marital status, or living arrangements. They can also involve benefit changes, overlapping payments, or information attributed to a representative payee. Eligibility and reporting rules differ among Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and other Social Security programs.

Before selecting a response, review:

The benefit program: Confirm which type of benefit the notice addresses.
The calculation: Check the amount, months, payment history, and reason stated by the agency.
Your reports: Gather wage records, submitted forms, correspondence, and proof that you reported relevant changes.
The collection status: Determine whether repayment demands or benefit withholding have begun.

Choosing Between Reconsideration, Waiver, & a Repayment-Rate Request

Each option addresses a different issue. The notice, current Social Security Administration rules, and facts of the claim determine which response may be appropriate.

Request for Reconsideration

A Request for Reconsideration disputes whether an overpayment occurred or challenges the amount. The agency generally uses Form SSA-561 for this request. The filing period is generally 60 days, but the notice and applicable rules control the deadline and how the date of receipt is calculated.

Waiver of Overpayment Recovery

A waiver asks the agency not to recover some or all of the debt. The review generally considers whether the recipient was at fault and whether repayment would cause financial hardship or be unfair under the applicable standards. Unlike reconsideration, a waiver request doesn’t have a general filing deadline under current Social Security Administration guidance.

Repayment-Rate Adjustment

A claimant who accepts the debt but can’t afford the proposed collection rate may request a lower rate, generally using Form SSA-634. This request usually requires information about income, necessary household expenses, resources, and the amount the claimant can realistically repay.

In appropriate circumstances, a claimant may request reconsideration and a waiver at the same time. Reconsideration challenges the existence or amount of the debt. A waiver concerns recovery based on fault, hardship, or fairness.

Building the Record for Your Overpayment Response

The necessary documentation depends on the benefit program, the reason stated in the notice, and the requested response. A reconsideration record may focus on benefit calculations, wages, reporting dates, or the months at issue. A waiver or repayment-rate request may require bank statements, housing costs, utility bills, medical expenses, income records, and other evidence of ordinary living expenses.

The issue should also be evaluated alongside any factually connected disability appeal, change in work activity, workers’ compensation case, or shift in benefit status. These proceedings aren’t identical, but the same earnings or benefit records may affect more than one of them.

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How We Review a Social Security Overpayment Notice

We begin by identifying the benefit program, alleged cause, amount, affected months, stated deadline, and collection status. We then assess whether the records may support a dispute, waiver request, repayment-rate adjustment, or more than one response.

Our legal review may include:

Examining the notice and the agency’s stated calculation.
Comparing the notice with benefit statements, earnings records, reports, and correspondence.
Identifying the factual and financial issues relevant to the selected response.
Organizing supporting records around the Social Security Administration’s requirements.

Get Clarity on Your Overpayment Options

Our experience with disability benefits and workers’ compensation allows us to consider how an overpayment may connect with your income, work history, or other benefits. If you received a notice in Sacramento or elsewhere in Northern California, contact us for a complimentary initial case consultation. Bring the notice and any available benefit, income, work, expense, and agency records.

Call (916) 571-0400 to discuss your notice and possible next steps with Smolich and Smolich.

Contact Smolich and Smolich Today!

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"Thank you Sarah and team!"
I needed to apply for disability and knew nothing about how to go about it. Sarah called me and explained the process and assured me everything would be okay. Her staff went online to fill out my application. She and Marlena kept me updated every step of the way. Within a short time a decision was made in my favor. I cannot tell you how many sleepless nights I had prior to meeting with the team. I would recommend them to anyone who needs help in this area. Thank you so much for all your hard work. Without you I could have never done this.

Andrea
Stockton, CA
"I am so happy to have such knowledgeable and helpful people to help during this difficult time. Sam was super responsive and always willing to answer questions, regardless how big or small."
My circumstances were a bit unusual - my husband applied for Social Security Disability, but unfortunately passed away during the review process. Sam and Sarah worked diligently to see the case through to the end, and provide our family the benefits we were owed. A special thank you to Sam, he was always very responsive, willing to go above and beyond, and willing to answer questions whether big or small. Thank you, Smolich and Smolich!

Smolich and Smolich is so helpful!
Sacramento, CA
"Without Smolich & Smolich taking my case I would have never gotten my benefits!!!"
Without Smolich & Smolich taking my case I would have never gotten my benefits!!! Rob Smolich took my case himself and was so helpful in every step of the way. I cant say anything negative about Smolich & Smolich. I had a lawyer before him and he was way more personable. His office took all the stress off my back and made me feel at ease during the time period of waiting. Have nothing but good things to say about this company. They are completely professional!!!!

Dustin Walker
"“You don’t have to worry with Smolich by your side”"
I want to thank Smolich and Smolich for helping me get my Social Security Disability. The continued support I received from them from beginning to the end help me to stay calm thru the whole process. I couldn’t have done it without them. Marlena Jones, thank you for being so kind when I call the office with questions. I appreciate you. YOU GUYS ARE SO AWESOME !!!!!

Modesto, CA
"I was blessed the day I contacted this firm!"
I was blessed the day I contacted this firm! Sarah Greer and Sam Eldaly we're an amazing team while handling my Social Security Disability appeal. They were very proactive, kept me up to date on the status of my case and we're always available to ease my mind. I am so thankful for the help I received from my team! They far exceeded all my expectations!

Mandie Lou
"Fantastic and Wonderful"
Sarah Greer and Sam Eldaly from Smolich & Smolich are a fabulous team to work with. I had to apply for SSDI due to my Parkinsons and they handled it not only a professionals but as if they were sitting across the table from me in person the entire time. They are a dynamite team! I highly recommend them to anyone for a fantastic and timely managed experience. Thank you Smolich & Smolich!

Barbara Light
Citrus Heights, CA

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