Does the statute of limitations apply in a Social Security disability
case when the recipient is notified of collection due to an
overpayment received that was done over 7 years before.  Should I
apply for an appeal at an appellate court or should I have an attorney
apply for me.
Thank you.
Sincerely,
Hector Vargas Sr.  at hectorsr60@hotmail.com

Hello,

There is no mention of a statute of limitations under United States
Code Title 42 Section 404 - Overpayments and underpayments. All that
is stated is that they may withhold monthly payments from you or a
lump sum until the amount overpayed is withheld or until you refund to
them the amount that was overpayed. Their logic lies in the inclusion
of "fault" stating that "Although the Administration may have been at
fault in making the overpayment, that fact does not relieve the
overpaid individual or any other individual from whom the
Administration seeks to recover the overpayment from liability for
repayment if such individual is not without fault... An incorrect
statement made by the individual which he knew or should have known to
be incorrect..." By accepting an incorrect sum of monies for Social
Security, you admit fault and are liable for returning the errored
amount. The only way I can see out of this "fault" lies in whether or
not the receipiant of the social security check is capable of
accepting fault, quoted again, "the Commissioner of Social Security
shall specifically take into account any physical, mental,
educational, or linguistic limitation such individual may have
(including any lack of facility with the English language)". Should
this be the case, please mention the section linked to below in your
petition when filing. Regardless of the information I have presented
and the circumstances you may find yourself in, I am not a lawyer, and
I assume you are not one either. It would then serve your best
interests to at least run this all by a lawyer which can deal with
this in a more legal, formal, and complete way.


Additional Links:

Overpayments - Statues, Regulations, and Rules:
http://www.severe.net/overpayments.html

Overpayments - Description of recovery:
http://www.severe.net/overpayments.html#_§_404.502_Overpayments.

Overpayments - Fault:
http://www.severe.net/overpayments.html#_§_404.507_Fault.

Overpayments - No recovery from persons without fault:
http://www.severe.net/overpayments.html#_(b)_No_recovery


Search Strategy:

Social Security disability overpayment:
://www.google.com/search?q=Social+Security+disability+overpayment


Best of luck clearing up this situation with the Social Security
office and I hope I've been of some help!
skermit-ga

Dear Mr. Vargas,

Skermit's advice of contacting an attorney specializing in Social
Security Law (they seem to be the same people practicing Worker's
Compensation Law") is excellent advice.

The "Limitations on Actions" provisions (a/k/a/ Statutes of
Limitation) are well buried in the Code and an attorney that deals
specifically with Soc Sec will know in very short order whether a
limitation period applies, or not, and if so, what exceptions may
exist.

Best of luck,

Tom

The Social Security Act is full of land mines for the uninformed.  The
Social Security Administration also has regulations that may come into
play.  If you believe you are are  not at fault for the overpayment,
you may wish to get help from a person knowledgeable in this area of
law.  The National Organization of social Security Claimants'
Representatives, www.nosscr.org will gladly refer you to such people. 
The phone number is 1-800-431-2804