Ongoing Benefits

Useful Information

Ongoing Social Security Disability Benefits

If you have any questions related to your ongoing Social Security Disability benefits, you can contact Drew L. Johnson, P.C. Our attorney can offer you the right advice regarding your Social Security Disability benefits.

Overpayments

Important Information on Social Security Overpayment Notices

Read through the below information on Social Security overpayment notices. This will give you a brief idea about what you should do when you get a notice of overpayment. If you need legal help related to your Social Security disability overpayment, Drew L. Johnson, PC can help. Call us to schedule an appointment.

Essential Things You Need to Know

How much am I allowed to work if I am receiving benefits?

Trial Work Period:
In most cases, you can work and earn any amount of money for up to 9 months. (The months do not have to be in a row.) During this time, called a “trial work period,” you can still get your disability benefits.
After your trial work period, SSA will still pay you if your monthly gross earnings are not over a certain amount. If your earnings are more than this amount, SSA calls your work “substantial gainful activity.”
Extended Period of Eligibility:
If SSA stops paying you after 9 months of trial work, SSA may still be able to help you. For 36 months after your trial work period, SSA can pay you for any month that you are disabled and are not engaging in “substantial gainful activity.”
To get these benefits you do not have to apply again. Just let SSA know how much you are earning.
Once I am on DIB or SSI, what can I do if Social Security tries to stop or reduce my benefits?
 
If you are getting SSI or DIB, Social Security may review your case at some time to see if your medical condition has improved and, as a result, if you are now able to work.
If SSA reviews your case, and if you are still disabled, try to get medical evidence from your doctor that shows that your condition has stayed the same or is worse. It is also very important to get a lawyer to represent you if you can.
If Social Security decides to terminate your benefits, you can appeal the decision. You have 60 days to make a written request for an appeal.
When Social Security makes a decision (either an initial decision or reconsideration decision) based upon alleged medical improvement, and if you make a request within 10 days of the decision, your monthly benefits will continue until you have a hearing and the Administrative Law Judge has made a decision on your case.
Therefore, if you receive an unfavorable notice, appeal immediately! If you lose the appeal, you may be asked to pay back the benefits as an overpayment.
What Should I Do if I Get a Notice of Overpayment?

You will get a notice of overpayment if the SSA thinks they paid you more money than you should have received. If this happens, you can:

1. File for reconsideration if you think the amount of the overpayment is wrong or if there was no overpayment.
2. File for a waiver of repayment if you think the overpayment was not your fault and you cannot repay the money. A request for a waiver asks SSA to free you from having to pay back the overpayment.
If you do not want your checks reduced while you are contesting the overpayment, SSA should stop trying to collect the overpayment if you:
  • Ask for reconsideration or waiver within 10 days of the date of the overpayment notice, or
  • Ask for waiver (If your request is more than 30 days after the date of the overpayment notice, SSA probably will have started to try to collect the overpayment. But they should stop when you make your request)
If the overpayment is not successfully contested, and SSA does not waive the overpayment, and you are continuing to receive benefits, SSA will recover the overpayment from the money you are being paid.
If you are not receiving benefits, it is very unlikely that SSA will take action against you to collect the moneys. Normally, SSA will simply wait until you are again entitled to benefits and recover the overpayment at that time, without interest.

Ongoing Benefits

Ongoing Social Security Disability Benefits

If you have any questions related to your ongoing Social Security Disability benefits, you can contact Drew L. Johnson, P.C. Our attorney can offer you the right advice regarding your Social Security Disability benefits.

Essential Things You Need to Know

How much am I allowed to work if I am receiving benefits?

Trial Work Period:
In most cases, you can work and earn any amount of money for up to 9 months. (The months do not have to be in a row.) During this time, called a “trial work period,” you can still get your disability benefits.
After your trial work period, SSA will still pay you if your monthly gross earnings are not over a certain amount. If your earnings are more than this amount, SSA calls your work “substantial gainful activity.”
Extended Period of Eligibility:
If SSA stops paying you after 9 months of trial work, SSA may still be able to help you. For 36 months after your trial work period, SSA can pay you for any month that you are disabled and are not engaging in “substantial gainful activity.”
To get these benefits you do not have to apply again. Just let SSA know how much you are earning.
Once I am on DIB or SSI, what can I do if Social Security tries to stop or reduce my benefits?
 
If you are getting SSI or DIB, Social Security may review your case at some time to see if your medical condition has improved and, as a result, if you are now able to work.
If SSA reviews your case, and if you are still disabled, try to get medical evidence from your doctor that shows that your condition has stayed the same or is worse. It is also very important to get a lawyer to represent you if you can.
If Social Security decides to terminate your benefits, you can appeal the decision. You have 60 days to make a written request for an appeal.
When Social Security makes a decision (either an initial decision or reconsideration decision) based upon alleged medical improvement, and if you make a request within 10 days of the decision, your monthly benefits will continue until you have a hearing and the Administrative Law Judge has made a decision on your case.
Therefore, if you receive an unfavorable notice, appeal immediately! If you lose the appeal, you may be asked to pay back the benefits as an overpayment.

Overpayments

Important Information on Social Security Overpayment Notices

Read through the below information on Social Security overpayment notices. This will give you a brief idea about what you should do when you get a notice of overpayment. If you need legal help related to your Social Security disability overpayment, Drew L. Johnson, PC can help. Call us to schedule an appointment.

What Should I Do if I Get a Notice of Overpayment?

You will get a notice of overpayment if the SSA thinks they paid you more money than you should have received. If this happens, you can:

1. File for reconsideration if you think the amount of the overpayment is wrong or if there was no overpayment.
2. File for a waiver of repayment if you think the overpayment was not your fault and you cannot repay the money. A request for a waiver asks SSA to free you from having to pay back the overpayment.
If you do not want your checks reduced while you are contesting the overpayment, SSA should stop trying to collect the overpayment if you:
  • Ask for reconsideration or waiver within 10 days of the date of the overpayment notice, or
  • Ask for waiver (If your request is more than 30 days after the date of the overpayment notice, SSA probably will have started to try to collect the overpayment. But they should stop when you make your request)
If the overpayment is not successfully contested, and SSA does not waive the overpayment, and you are continuing to receive benefits, SSA will recover the overpayment from the money you are being paid.
If you are not receiving benefits, it is very unlikely that SSA will take action against you to collect the moneys. Normally, SSA will simply wait until you are again entitled to benefits and recover the overpayment at that time, without interest.

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