Social Security Overpayments Toolkit
Social Security Overpayment
Social Security Overpayment
An overpayment is when the Social Security Administration thinks it has paid you too much money. This can happen for many reasons. The Social Security Administration might think that you did not report all of your money. It might think that you are not disabled anymore so you should not have gotten payments during certain months or years.
If Social Security believes you were overpaid, they should send a letter about the overpayment in the mail. You can go to your local office and ask for that letter if you don’t get it. You have 3 choices to try to change the overpayment. Here is some basic information about each option.
Option 1: Appeal
When does it make sense to appeal?
You can appeal if you do not think you were overpaid. You can also appeal if you think the overpayment amount is wrong.
How do I appeal?
- Fill out the appeal form (called a “Request for Reconsideration.”)
Attach a second page to the form. On this page, explain why you do not think you were overpaid or why you think the overpayment amount is wrong.
Is there a deadline to appeal?
Yes. You must file your appeal within 60 days of the date you receive the overpayment notice, which is generally assumed to be five days after the date on the notice.
Option 2: Ask for a Waiver
When does it make sense to ask for a waiver?
Ask for a waiver if the overpayment wasn’t your fault and you can’t afford to pay it back.
How do I ask for a waiver?
Fill out a Request for Waiver of Overpayment Recovery. You must prove (1) the overpayment wasn’t your fault and (2) you can’t afford to pay it back.
Is there a deadline to ask for a waiver?
No. You can ask for a waiver at any time.
Option 3: Ask for a Payment Plan
When does it make sense to ask for a payment plan?
Ask for a payment plan if you can’t afford to pay back the overpayment.
How do I ask for a payment plan?
- Write a letter to the Social Security Administration. Tell them how much you can afford to pay each month. Here is a sample letter.
- Fill out a Request for Change in Overpayment Recovery Rate. It shows the Social Security office how much you can afford to pay each month.
What do I do if I agreed to a payment plan, but I can’t pay anymore?
If something happens and you can’t pay the same amount anymore, call the Social Security administration right away and ask to change the payment plan.
Helpful Tips
- Do something. If you do nothing, the Social Security Administration will start to take the money out of your benefits.
- File your appeal, waiver, or payment plan request now. This will stop the Social Security Administration from taking your entire check. But, if they deny your appeal or waiver, they will ask you to pay this money back.
- Bring your papers to your Social Security office in person. Keep a copy for yourself. When you give them your papers, ask for a receipt in case SSA loses your papers.
Take notes any time you talk to the Social Security office. Write down what they tell you. That way, if they tell you things that are different or don’t make sense, you know to ask more questions.
Option 1: Appeal
When does it make sense to appeal?You can appeal if you do not think you were overpaid. You can also appeal if you think the amount of overpayment is wrong.
How do I appeal?
You need to do two things to appeal:
1. The “Request for Consideration” appeal form is included at the end of this packet. Fill it out. Attach an extra page if you want more space to explain why you do not think you were overpaid or why you think the overpayment amount is wrong.
2. File the appeal with your local Social Security office. If you do not know the address of your Social Security office, call 1-800-772-1213 or go to secure.ssa.gov.How do I file an appeal?
There are 3 ways that you can file an appeal:
1. You can file your appeal online at secure.ssa.gov/iApplNMD/start
2. You can file your appeal in person at your Social Security office.
3. Try to do the first two options. If you can’t file online or go in person, you can mail the form to your Social Security office. Every time you give any papers to the Social Security office, keep a copy for yourself. If you go to the office in person, ask for a receipt.What happens after I file my appeal?
Social Security will mail you a decision.
Is there a deadline to appeal?
Yes. You must file your appeal within 60 days of the date you receive the overpayment notice.
Social Security assumes you receive it five days after the date on the notice.Option 2: Ask for a Waiver
When does it make sense to ask for a waiver?
Ask for a waiver if:
• The overpayment wasn’t your fault, and
• You can’t afford to pay it backHow do I ask for a waiver?
The waiver form is included at the end of this packet. Fill it out if the original overpayment amount was over $2,000. The form is 10 pages long. Even though this form is long, it is important that you follow all of the instructions on the form.
What if the original overpayment amount was $2,000 or under?
You can make a verbal request for a waiver by going to your local office or calling 1-800-772-1213.
I filled out the waiver form. What do I do with it?
Take the letter to your Social Security office. If you can’t go to the office in-person, you can mail the form to your local Social Security office. If you do not know the address of your Social Security office, call 1-800-772-1213 or go to secure.ssa.gov. Every time you give any papers to the Social Security office, keep a copy for yourself. If you go to the office in person, ask for a receipt.
What happens after I file the waiver form?
Social Security may ask you to give proof of your income and expenses. Social Security also may ask you to go to a meeting. Once they make a decision, Social Security will mail the decision to you.
Is there a deadline to file the waiver?
No. There is no deadline. However, you should file a waiver form as soon as you can. If you wait too long, the Social Security Administration will start to take money out of your checks
Option 3: Ask for a Payment Plan
What is a payment plan?A payment plan will let you pay back an overpayment over time, instead of all at once. You can ask to make monthly payments at a rate that you can afford.
If I ask for a payment plan, how much will I need to pay each month?
You get to ask Social Security to pay an amount each month. Social Security has to agree to let you pay this amount.
The smallest amount you can pay is $10 per month. If you receive Qualified Medicare Beneficiary (QMB) or another Medicare Part D subsidy, Social Security will usually agree to let you pay $10 per month.
If you get SSI, Social Security can’t take more than 10% of your Social Security check each month. For example, if you get $967.00 per month in SSI, Social Security can’t take more than $96.70 per month.
When does it make sense to ask for a payment plan?
Ask for a payment plan if you can’t afford to pay back the overpayment.
How do I ask for a payment plan?
Write a letter to the Social Security Administration asking for the payment plan. This packet includes a sample letter that you can use. Fill out the blanks at the top and bottom of the letter. In the middle, put a checkmark next to every line that is true for you.