Social Security ALJ hearing for overpayment appeal - should I submit all 80+ documents or will SSA have complete file?
I'm in a mess with Social Security over an overpayment that they started collecting even though my appeal was pending (from what I understand, that's against their own rules). The overpayment issue started back in 2020, and in June 2022 when I filed for reconsideration, the only requirement was to file timely to prevent withholding during the reconsideration process. My local SS office confirmed that filing for an Administrative Law Judge (ALJ) hearing is my next step. My question is about documentation - I've accumulated over 80 pages of documents including all correspondence with SSA since this started. Should I include ALL of these documents with my ALJ hearing request? Or can I assume the ALJ will have access to my complete file with all the information and timely filing dates? I'm worried that not including everything might hurt my case if SSA's files are incomplete, but I'm also concerned that sending too much documentation might complicate things further. Also, since this is about an overpayment rather than getting benefits approved, I'm planning to represent myself without an attorney (seems like there's no money in it for them except reducing what I might have to pay back). Is self-representation a bad idea for an ALJ hearing? I need to submit my forms by Monday to meet the deadline, so any quick advice would be greatly appreciated!
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Natasha Petrov
You absolutely should include every document you have. I went through an ALJ hearing last year for a different issue, and I was shocked to discover that half my paperwork wasn't in their system. The ALJ specifically thanked me for bringing copies because there were significant gaps in what they had on file. Better to have too much documentation than not enough.
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Javier Morales
•That's really concerning to hear. Did you just make copies of everything or did you organize it in any special way? I'm worried about dumping 80+ pages on them without some kind of organization system.
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Connor O'Brien
i represented myself at my alj hearing no problem, saved me thousands$$. just be organized and respectful. the judge will ask questions directly so its not like court on tv
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Javier Morales
•That's reassuring to hear! Did you have any specific strategy for presenting your case that worked well?
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Amina Diallo
I'm going through something similar with an overpayment. It's SO FRUSTRATING that they took money while your appeal was pending!!! That happened to me too, and I've been getting different answers from every SSA person I talk to. Did they take money from your monthly checks or did they take your whole check? I'm terrified they're going to take my whole check next month even though I appealed within 10 days.
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Javier Morales
•They started by taking about 25% of my monthly check even though my appeal was filed on time. According to their own rules, they shouldn't have taken anything while the reconsideration was pending! That's actually the main basis of my ALJ appeal - the procedural error on their part.
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GamerGirl99
As someone who's worked with many clients on SSA appeals, I strongly recommend: 1. Submit all documentation, organized chronologically with a cover sheet/table of contents. The ALJ cannot consider what they don't have, and SSA files are often incomplete. 2. Self-representation is absolutely allowed and can work well for overpayment cases. Focus on the procedural error (collection during pending appeal) as your main argument. 3. Prepare a clear timeline showing when you filed the appeal and when they began collection. This will be the most important evidence. 4. Make at least 3 copies of everything - one for you, one for the ALJ, and one for any potential witnesses. Good luck with your hearing!
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Javier Morales
•Thank you so much for the detailed advice! The chronological organization with a cover sheet makes a lot of sense. I'll prepare the timeline highlighting the procedural error too. I appreciate you taking the time to share your expertise.
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Hiroshi Nakamura
When I had my issues reaching SS about an overpayment, I wasted WEEKS trying to get through on the phone. Finally used a service called Claimyr (claimyr.com) that got me connected to a real person at SSA in under 5 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - saved me hours of frustration. Might be helpful if you need to clarify anything before your Monday deadline!
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Isabella Costa
•does this really work? i've been trying to reach someone at SS for THREE DAYS and keep getting disconnected!
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Hiroshi Nakamura
•It absolutely worked for me! I was skeptical too but was desperate after spending hours on hold and getting disconnected. They connected me to my local office within minutes.
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Malik Jenkins
I always tell everyone - DOCUMENT EVERYTHING with Social Security! Every call, letter, visit. My brother didn't document his interactions and lost his appeal because he couldn't prove when he submitted certain paperwork. The system is designed to be confusing!
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Javier Morales
•I've definitely learned that lesson the hard way through this process. I've been keeping records of everything, including phone calls with names and dates, since this started in 2020.
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Amina Diallo
QUESTION - has anyone here actually WON an ALJ hearing about an overpayment? I keep hearing they're impossible to win and now I'm worried about my own situation.
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GamerGirl99
•Overpayment appeals can absolutely be won, especially when there's a clear procedural error like collecting during a pending appeal. I've seen several successful cases, particularly when the appellant is well-organized and can clearly document the timeline of events.
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Natasha Petrov
One more important tip: during the hearing, stick to the facts and timeline rather than expressing frustration with SSA (even though it's justified!). ALJs respond better to clinical presentations of procedural errors than emotional appeals. I found that keeping my presentation focused on dates, regulations, and documentation was most effective.
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Javier Morales
•That's excellent advice. I'll make sure to focus on the facts and timeline rather than my (considerable) frustration with the whole process. I'll practice keeping my presentation calm and factual.
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Connor O'Brien
btw don't send original documents!!! only send COPIES. my friend sent originals and ssa lost them all!! make sure u keep ur originals safe
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Javier Morales
•Definitely! I've already made copies of everything. I wouldn't trust anyone with my only copies of these documents at this point.
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