Legal Question in Social Security Law in Mississippi

If due to overpayment a person owes Soc. Security money,how is it paid back. by payments or will they take the whole check?


Asked on 2/08/11, 11:38 am

2 Answers from Attorneys

GARY PARVIN GARY PARVIN DISABILITY LAW

You must prove that you use your whole check,monthly,by documentation from creditors ,such as receipts and bills for necessities of life.Then,they will usually limit the amount withheld from your check to 10% of it.If you do not do this,they can withhold up to all of it,because they conclude you do not need it.In addition,you must show that you are without fault in the creation of the overpayment,that is,it was solely the fault of the SSA,or they will take the check to repay the overpayment.

Gary Parvin

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Answered on 2/08/11, 2:44 pm
John Heard Heard & Smith, LLP

i would like to add that if you can show that you were not at fault in the overpayment and that "it would be against equity and good conscience" to collect the overpayment, you may be able to have the overpayment WAIVED completely.

Also, be sure to review the calculations to see whether you were actually overpaid the full amount SSA claims. They have been known to make mistakes in this regard.

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Answered on 2/09/11, 3:27 pm


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