42. Do I have to agree to repay DTA for benefits I received?
There are four situations where you have to agree to repay DTA for back benefits you receive:
- SSI: If you are applying for SSI benefits, you must sign a statement that allows that Social Security Administration to send the first retroactive SSI check to DTA. DTA will take out the amount you received in EAEDC while your SSI application was pending and send you the rest within 10 days. 106 C.M.R. § 702.710(B).
The form you sign, the "AP-SSI-IAR," must be current and in effect at the time DTA recovers the EAEDC benefits from the check. See Appendix E. If DTA never gives you a form to sign or the form was not signed at your most recent EAEDC application, DTA cannot recover the SSI money to pay itself back. See the federal SSI regulations at 20 C.F.R. § 416.1910.
DTA can recover only the EAEDC benefits paid for the same period as the SSI. It cannot recover EAEDC paid prior to filing the SSI application. DTA cannot take back money from the "Title II" Social Security disability award. Be sure to check DTA's calculations for the retroactive amount.
- Third Party Recoveries: If you need EAEDC benefits because of an accident, illness or injury, you must make an "assignment" or written agreement that lets DTA recover the amount it paid in EAEDC benefits from any money you are awarded as recovery. 106 C.M.R. § 702.800. See Question 48.
- For example, if you win a personal injury case, workers' compensation or other action due to an illness or injury, DTA will take part of this money to reimburse itself. If your need for EAEDC is not a result of the accident, DTA does not have a right to repay itself from the award.
- Overpayments caused by DTA error, recipient error or fraud. See Question 95.
Real Estate Other Than Your Home: If you make a good faith effort to sell real estate that is not your principal residence, the real estate does not count towards the asset limit for six months. If you sell the property, you will have to repay DTA the amount of EAEDC paid to you during those six months. See DTA Online Guide: EAEDC > Financial Requirements > Assets > Noncountable Assets.