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You may think you are barely scraping by on your Social Security income and you receive a letter telling you that you were paid too much. You may panic and worry that you will have to repay the overpayment. You may have to repay the money. But before you give in and send the Social Security Administration a check, you still have many options. First, you can file for a Request for Reconsideration. This is your official challenge to the overpayment. You must file within 60 days or you lose your right to challenge the overpayment. Once you have filed your request, you can ask the Social Security Administration to either condone the overpayment or waive it. If you want the overpayment waived, you must prove that you did not cause the overpayment and that you can't afford to repay the money. Once you have requested a waiver, you must meet with a claims representative. After the meeting, the representative decides whether or not to grant the waiver. If your request is denied, you can appeal to an Administrative Law Judge. You will be allowed to present evidence that you were not at fault and that you cannot repay the overpayment. The appeal can take up to a year. You do have recourse if the Administrative Law Judge denies your appeal. You can request a review from the Appeals Council. However, the Appeals Council can choose not to review the request. If this happens, you can file an appeal in the United States District Court in your area. The court will decide if the Administrative Law Judge's decision was valid in light of the evidence presented. The case is sent back to the Administrative Law Judge if the case is won in District Court. Appealing a claim of overpayment is complicated and is a lengthy process. An advocate or attorney can assist you with this process.
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