Social Security Disability Overpayment Issue, Request for Hearing
Comment from JC:
"My husband is dealing with a overpayment issue. My question is we filed the request for reconsideration,the appeals, and a request for a hearing. We have not received any kind of response to the request for a hearing, which was sent over 6 months ago. We keep getting letters requesting full payment but the amount keeps changing. We also asked to make payment arrangements because we can't pay the amounts they are asking. Can we refile for a request for a hearing?"
There should be no need to file a new hearing request. Most Social Security hearings offices are overloaded with hearing requests and it takes time to get a hearing scheduled. So the only suggestion I can give with regard to your husband's hearing's request is to be patient.
However, if I were your husband I would go to my local office and ask to make a payment arrangement. Although Social Security would like to have overpayments repaid within a thirty-six month period they are willing to lower the repayment amount if an individual can show that they do not have the income or resources to pay the amount needed for a thirty- six month repayment.
Your husband should take proof of your monthly expenditures, income, and financial resources, so that a lower repayment amount can be established.Your husband may win his appeal before an administrative law judge; if he does the amount of the overpayment might be wiped out or reduced.
If your husband is still receiving disability benefits it is important to work out a small payment arrangement while he waits on a hearing because Social Security can started withholding his entire disability benefit to recoup the overpayment.
Frankly, it is just as important for him to work out a payment arrangement even if he is no longer receiving disability benefits while he waits on his hearing because Social Security reports non repayment of overpayments to the credit bureau.
I hope this helps and good luck.
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