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How to Handle SSI Overpayments

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Special Needs Alliance
How to Handle SSI Overpayments

Supplemental Security Income (SSI) is a monthly cash payment to qualifying individuals with disabilities, based on financial need. While it often forms the foundation of their financial security, its requirements are both strict and complex. Even attorneys who don’t routinely deal with public benefits may get confused. So it’s not surprising that mistakes get made and recipients may find themselves receiving notification from the Social Security Administration (SSA) that an overpayment has been made.


There are two general reasons that SSI overpayments are caused: undisclosed countable “income” and excess countable “resources.” Income is something of value in a particular month that the recipient receives that can be used for food- or shelter-related expenses. Resources are something of value that can be used for food- or shelter-related expenses that is owned or retained the month following the month that it is received.


Since the program is intended to cover expenses for food and shelter, any other assistance that an individual receives for those needs—free room and board from a relative or trust distributions used for that purpose—will be counted as income and reduce SSI payments. Beneficiaries cannot have more than $2,000 in “countable resources,” such as cash, investments and other valuables. On the other hand, a single vehicle for the beneficiary’s use, a home they own and reside in, and personal belongings are not considered.


At the recipient’s request, SSA may agree to stretch out repayment by withholding only 10 percent of each month’s benefit. If benefits have been eliminated altogether and the recipient has limited resources with which to pay, SSA may accept periodic payments or be open to further compromise.


SSI recipients or their representative payees should become familiar with agency guidelines and stay on top of overpayments. Timely responses can avoid serious financial problems.


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