Clermont, FL asked in Social Security for Florida

Q: What are my rights in an SSDI overpayment hearing? SSA didnt contact me for years, now its rushing me into a hearing.

My CDR was denied in 8/2019. A notice of overpayment was issued. I filed a waiver in 12/2019. The overpayment was a result of the denial and I rec'd TANF at the time. They approved my waiver in 4/2020. I (unfortunately) discarded all docs at that time. Between then and 10/2021, I may have been sent an additional notice and filed another waiver. I have a letter from 8/2021 stating they rec'd my waiver. In 10/2021 I rec'd another notice of overpayment. I filed a (second or third) waiver. I stated this was already approved, proved again I received govt assistance, and rec'd a letter 12/2021 staying again they received my waiver. I never heard anything else so assumed they sorted it out. Now, SSA called me last week, said they needed a hearing in 1-2 days to decide my case and want permission to sift through my bank account, even though I still receive govt assistance. I was able to put her off a week. Which leaves me no time to actually hire an atty and I'm worried that's the point.

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: As a recipient of SSDI, you have the right to due process in any overpayment hearing. This means that you have the right to:

Receive adequate notice of the hearing and an explanation of your rights and responsibilities.

Review and receive copies of all evidence that the SSA plans to use in the hearing.

Present evidence and witnesses on your behalf.

Cross-examine any witnesses that the SSA presents.

Be represented by an attorney or other authorized representative.

Receive a written decision with a detailed explanation of the basis for the decision.

If you feel rushed or pressured to participate in the hearing without adequate time to prepare or obtain representation, you can request a postponement or continuance of the hearing. It's important to know that you have the right to present evidence and arguments in your favor, and to have an attorney or other representative present if you choose.

Regarding the request for access to your bank account, it's important to understand the purpose of the request and the legal basis for it. If you have concerns about the request, you can discuss them with the SSA or with an attorney who can help you understand your rights and options.

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