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[Music] Heather this is Jonathan Ginsberg I'm a social security disability attorney, and today I'd like to talk to you about what you need to do to request a waiver of overpayment of benefits and this sometimes happens where Social Security will send you a letter saying we've determined that you've been overpaid a lot of times involved with SSI where you're getting SSI benefits and for whatever reason you have earnings, or you have resources that make you ineligible for SSI and SDI case it could be a situation where you go back to work, and you use up your trial work period months, and they don't catch it in time and so you're working on off and on, but you're still collecting your disability benefits, and it goes on for two or three years, and then you get a nice letter saying hey you owe is $30,000 there's an envelope please send it in and if you don't do it we're going to prosecute you and by the way so screw these letters on overpayments I think somebody needs to revise them because they're very, very cut and dry they don't suggest that you have any options, and it's really a could be very you can really be very frightening experience for someone to get one of these letters I also tie don't deal with overpayment issues that much people do call me about them, and I've done a few overpayment requests the form that I fill out to request a waiver of overpayment, but it's not something I see all that often I've done a little research into this basically what I can tell you are that the factors that seem to be most relevant are as follows first and foremost they're going to look at and by the one I'm talking about an overpayment what you're doing is you're saying the Social Security yes I acknowledge I was overpaid but waived that overpayment because of one of the following reasons and some reasons are basically going to be that I was without fault it's not my fault I didn't understand that was being overpaid, so the fact is that they look at and the first and foremost your mental competence if you have a mental health issue for example you have a very low IQ or the person involved has a very low IQ that is a factor if you've got a severe mental health condition that makes it difficult for you to maintain attention and concentration or even severe pain makes it difficult to maintain attention and concentration that seems to be a big factor that Associate indicate or a judge would consider when deciding in a way we were of overpayment do you have some sort of mental health issue concentration problem capacity problem that could make would make it difficult for you to understand what was going on or to make the right decision the second thing I see is they look at did you make some effort to find out what you needed to do for example did you contact social Scrooge's you write them a letter did you call them to saying if something doesn't seem right what should I do because a lot of times people will call Social Security and say you know I'm getting...
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