If you receive Social Security Disability (SSD) or Supplemental Security Income (SSI), your monthly benefits are an important part of your income. What if you receive a notice that the Social Security Administration (SSA) is charging you for overpayment of benefits? This page explains what the process may look like if you’ve received a notice of overpayment from the SSA.
What Is a Social Security Overpayment?
A Social Security overpayment occurs when you receive more money than you should from SSA. This could be because you failed to report certain information that affects your eligibility, or because of an administrative error by SSA.
Regardless of the reason, SSA will notify you when they discover you may have been overpaid. The notice should explain the reason for the overpayment, your options for paying back the money, and your rights to appeal or file for a waiver.
What Should I Do If I’ve Been Overpaid by the SSA?
If you agree with SSA’s determination that you have been overpaid, you can proceed in a few different ways, including the following:
- If you do nothing, SSA will withhold money from your monthly benefits until the overpayment is corrected. If you collect Social Security benefits, SSA can withhold up to the full amount of your benefit payment each month. If you collect SSI, SSA can withhold up to 10 percent of your monthly payments. However, SSA will not begin deducting money from your monthly benefits until at least 60 days after you receive notice of the overpayment.
- If you cannot afford to have money deducted from your monthly benefits at the designated rate, you can file a Form SSA-634 to request a change in your overpayment recovery rate. If you believe you should not be responsible for paying back the overpayment, you can file a Form SSA-632 to request a waiver. SSA will halt any deductions to your monthly benefits until they reach a decision on your request.
How Do I Appeal a Social Security Overpayment?
If you do not agree with SSA’s calculations or determination that you have been overpaid, you can file a Form SSA-561 (known as a “request for reconsideration”) to appeal the overpayment decision. In your request for reconsideration, you should specify why you disagree with SSA’s decision or why you think the amount is incorrect.
Statute of Limitations for Social Security Overpayments
If you wish to file an SSDI appeal, you have 60 days from the date you received your initial notice of overpayment to do so. SSA generally assumes that you will have received this notice within five days of the date on the letter.
If you wish to file a waiver for the overpayment, there is no specific time limit for doing so as long as you can demonstrate:
- The overpayment was not your fault.
- Paying back the overpayment would be a financial hardship or otherwise unfair.
You may be required to provide proof of your income and expenses when you file for a waiver or appeal. SSA will stop deducting money from your monthly benefits until they decide.
Talk to an Experienced Social Security Disability Attorney in Oklahoma City Today
The Oklahoma City Social Security Disability attorneys at Ryan Bisher Ryan & Simons have decades of experience navigating the Social Security Administration and helping others seek the SSDI and SSI they are entitled to receive. For additional information on Social Security overpayment, visit the SSA website or contact your local SSA office.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
