Tuesday, March 18, 2008

The Waiver Request Process in Overpayment Claims

Most claimants receive notices for overpayment claims. However, some claimants simply ignore them without knowing that this could lead to having their checks completely cut off.

Why do overpayment claims happen?

Overpayment claims are often caused by errors in computation and entitlement issues. This happens mostly to claimants who are already receiving disability benefits but decides to continue working to augment his income.

Social Security Disability Overpayment”, an article posted in September 2006, provides information on what to do when one receives a notice of overpayment claim.

As often as it would be necessary, a claimant should always contact the social security office to clear things up, unless, of course he has a lawyer who can easily give an opinion on issues such as overpayment claims.

At any rate, you should visit the local social security office to know the cause of overpayment. If necessary, you must request to have the collections stopped while the problem is still unresolved.

How do you do this? By accomplishing a request for waiver or a reconsideration request.

In preparing the waiver, you will likely need the following requirements:

  • bills records
  • receipts for power, gas, and other utilities
  • estimated clothing and car repair expenses, if necessary.

Submitting a waiver request is the first step in the process. After the request has been sent, a claimant is obliged to attend a personal conference together with the claims representative at the local social security office. In the conference, a claimant is expected to explain his side on the issue and in case he disputes it, he must justify his reasons why the overpayment should not be repaid.

The claims representative often decides whether the request for waiver will be granted or not. If a waiver is denied, an administrative hearing will follow.

During the administrative hearing, a claimant must present his evidence before an Administrative Law Judge. The decision often takes several months to be handed down. If despite all this, the judge turns down your request for waiver, you can present new evidence and seek review by the Appeals Council. The council has to decide only on two things - whether to review your case or not.

The process of request for waiver of overpayment claims takes months or years to be resolved and in this situation, the services of a lawyer is truly important.