Receiving a notice from the Social Security Administration (SSA) claiming you owe thousands of dollars in SSDI overpayments can be daunting. At Nappa, Monterosso & Poznansky, LLP, our Social Security Disability lawyers in Staten Island understand that these kinds of financial setbacks can be devastating to families. Over the past 30 years, we’ve helped thousands of injured workers in the greater NYC area find the benefits and financial security they need.
Key Takeaways
- Immediately reporting all income and changes in work status to the Social Security Administration can prevent overpayment debt.
- The trial work period enables recipients to test their ability to work for nine months without losing their monthly SSDI benefits in New York.
- The Ticket to Work program can pause SSA medical reviews while you make progress toward your employment goals.
- Our Staten Island SSDI attorneys help coordinate any workers’ compensation settlements and SSDI to ensure offsets don’t trigger unexpected Social Security overpayment notices.
How Does SSDI Overpayment Happen?
Reporting Delays
Most overpayments occur due to income reporting delays. If you return to light duty or part-time work and fail to notify the SSA, they may continue to send full payments for months. When they eventually catch up, they will demand the Social Security Disability overpayments back in one lump sum.
Workers’ Compensation Offsets
Another common cause of overpayment involves workers’ compensation. The SSA limits the total amount of combined benefits you can receive, so if a NY workers’ compensation settlement isn’t structured effectively, the offset, or reduction in SSDI payments may not be calculated correctly.
Spreading payment of a workers’ compensation settlement over your lifetime can help minimize reduction of the SSDI benefits you receive. Our SSDI lawyers in Staten Island focus only on Social Security Disability and workers’ compensation claims and have successfully handled overpayment cases for decades. We ensure your settlement is carefully drafted to prevent the SSA from claiming you were overpaid.
How to Work Without Losing Benefits
The Social Security Administration offers incentives designed to help recipients return to the workforce without an immediate termination of all SSDI benefits.
The Trial Work Period (TWP) — This nine-month window allows you to earn any amount of money and still receive your full SSDI check. In 2026, any month where you earn over $1,210 counts as a “trial” month. These nine months do not have to be consecutive.
Substantial Gainful Activity (SGA) — After the TWP ends, you enter a 36-month Extended Period of Eligibility. During this time, earning more than the SGA income limit typically stops your SSDI benefits for that month. In 2026, the monthly gross income limit is $1,690 per month and $2,830 for blind recipients.
Ticket to Work Reporting — This voluntary program helps you find employment through an Employment Network (EN). A major benefit of this program is that if you’re making timely progress toward your work goals, the SSA will not conduct a continuing disability review (CDR) of your condition.
Although these programs provide a path back to work, a reporting error or miscalculation of your monthly earnings can trigger an overpayment notice that puts your financial stability at risk. That’s why it’s vital to have a New York SSDI lawyer help you prevent errors as you transition to a new phase in your journey.
Using Impairment-Related Work Expenses & Ticket Reporting to Avoid SSDI Overpayment
One of the most effective ways to avoid an overpayment is by documenting Impairment-Related Work Expenses (IRWE). If you pay for items or services that enable you to work with your impairment, the SSA may deduct those costs from your gross earnings.
In the Ticket to Work program, your responsibilities include:
- Reporting your wages to the SSA by the 10th day of the month following the work.
- Keeping meticulous records and receipts for IRWEs like specialized transportation or medical equipment.
- Coordinating with your Employment Network to ensure proper documentation of the timely progress the SSA expects.
By lowering your countable income, you may remain eligible for your full SSDI payment even if your gross pay appears to exceed Social Security’s SGA limit. Our Social Security Disability overpayment lawyers help you identify every qualifying expense and ensure documentation is submitted correctly to protect your monthly SSDI benefits.
Immediate Steps to Take if You Receive a Social Security Disability Overpayment Notice in NY
If you receive a Social Security Disability overpayment notice, do not ignore it. Doing so will result in the SSA withholding your entire monthly SSDI payment until the debt is recovered.
File a request for reconsideration— If you believe the SSA has the wrong information or calculations, you must file a request for reconsideration within 60 days to avoid collection of overpayment.
Gather Evidence — Collect pay stubs, bank statements, IRWE documentation, and EN correspondence to prove your earnings fell within Trial Work or SGA limits.
Request a waiver — You can ask the SSA to forgive the debt if overpayment was not your fault and repaying it would deprive you of funds needed for ordinary living expenses.
The SSA may determine that you’re not at fault if you:
- Reported all income and life changes accurately and on time
- Did not make any statements you knew were incorrect
- Did not accept a payment you knew or should have known was for the wrong amount
Seek the Counsel of a Social Security Disability Overpayment Attorney in NY
Navigating an overpayment on your own is a gamble against a massive bureaucracy. A Staten Island SSDI lawyer can help by reviewing the SSA’s calculations and/or drafting a waiver request to meet the “without fault” criteria.
Appealing an SSDI overpayment or resolving a complex offset issue can take several months. Our team is well-versed in Social Security Disability overpayment law. We manage communication with the SSA and ensure evidence is presented effectively so you can focus on your health and your family.
Why Choose Our Staten Island Social Security Disability Lawyers?
As the largest workers’ compensation law firm in Staten Island, Nappa, Monterosso & Poznansky, LLP, offers an unmatched level of experience and local connections.
Direct access — We prioritize compassion and clear communication. Unlike some firms, where Spanish-speaking clients only talk to paralegals or staff, our partner Rolando Cubela is fluent and works directly with clients.
Experience managing dual claims — We handle all aspects of your workers’ compensation and SSDI claims so you don’t have to worry about surprise overpayment debt.
No upfront costs — We only get paid if your case is successful. Fees are regulated and approved by the SSA and NY Workers’ Compensation Board.
Find an SSDI Lawyer Near You in Staten Island
If you’re returning to work or facing an SSD overpayment in NY, Nappa, Monterosso & Poznansky, LLP, has the experience, resources, and tenacity to help you get the benefits you deserve. Contact us or call 718-273-9000 today to schedule a free consultation with a Social Security Disability overpayment lawyer near you in Staten Island. We serve clients throughout the greater New York City area.
