A recent decision from a federal appeals court affirms the fact that beneficiaries who receive disability overpayments may have to pay the money back to the government. The Social Security Act does require some sort of adjustment when a beneficiary receives more than he or she should have. The issue is how the Social Security Administration (“SSA”) can get that money back. More information on obtaining Social Security disability benefits is available from a Tulsa Social Security disability lawyer.
Getting overpaid money back from beneficiaries depends on the financial situation of the person. The SSA’s own regulations mention that this is only possible if (a) the person is not at fault, and (b) the recovery would not “deprive a person of income required for ordinary and necessary living expenses.” In other words, the SSA cannot recover the money if doing so would ruin the financial life of a beneficiary.
In the recent federal case, the court required the applicant to repay the overpayment amount. It looked at the legal record, which indicated that the man had $50,000 in stocks, bonds and cash and a half interest in a home worth $100,000. The man also testified that he was financially okay and did not have any debt. He represented himself throughout the appeals process. A Tulsa Social Security disability attorney can provide disabled workers with expert guidance on disability benefits.