how to appeal overpayment of social security benefits

^{Here are your choices:}

• Ask for Reconsideration. This is an appeal. It means you want SSA to look at your case again. ...
• Ask for a Waiver. If you agree that you were overpaid, you can still ask SSA to waive it so that you don't have to pay it back. ...
• Ask for a Payment Arrangement. Do this if you think that the overpayment was your fault or you can afford to pay it back. ...

How I won my social security overpayment case?

• Social Security thinks you are no longer medically disabled
• Someone is Paying Your Bills
• Someone is giving you money or inheritance
• Someone is giving you a free or discounted place to live
• You are not paying the right amount of rent
• You are working
• You Have Marriage, Divorce, Separation, Boyfriends, Girlfriends

More items...

How to handle Social Security overpayments?

What If I Can't Repay the Overpayment?

• Requesting a Waiver. If you can't afford to repay the amount you owe to Social Security, you should file form SSA-632, Request for Waiver of Overpayment Recovery or Change in ...
• Negotiating a Compromise. ...
• Setting Up a Payment Schedule. ...

How does SSA collect overpayments?

Some of the actions the SSA may take include:

• Taking your federal tax refund check
• Taking a percentage from your work paycheck before you get it
• Taking future SSI or SSDI benefits, or
• Report your nonpayment to the credit bureau.

What happens if Social Security overpaid you?

• Pay the overpayment within 30 days
• Appeal their determination within 60 days
• Request a waiver

Can you fight a Social Security overpayment?

If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing Form SSA-561, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.

What happens if you have to pay back Social Security disability?

If you receive SSDI and have an overpayment to pay back, Social Security will take your entire monthly benefit until the agency has recovered the overpayment amount. (Unlike with SSI, Social Security doesn't assume you need most of your SSDI income to meet your expenses.)

How long can Social Security collect overpayments?

Yes. SSA will generally accept an offer to repay an overpayment in installments without question if the installments will repay the overpayment within 36 months. If an offer to repay in installments will take more than 36 months, SSA will ask the claimant to prove that a financial hardship exists.

How do I get a refund for Social Security overpayment?

To get a refund for the excess withholding, fill out IRS Form 843: Claim for Refund and Request for Abatement according to the Form 843 Instructions and mail it in separately. Make a copy to keep with your tax return paperwork. Related Information: What is a lump-sum Social Security payment?

What do you do when Social Security says you owe them money?

If you think the overpayment wasn't your fault, and you can't afford to pay it back, you can ask SSA to forgive the overpayment. This is called a “Request for Waiver.” You must file a special form called SSA-632. You should file your Request immediately to stop money from being taken out of your monthly benefits.

Who is responsible for Social Security overpayment?

Section 204(a) of the Social Security Act provides that the overpaid person (whether or not he or she still receives benefits), his or her representative payee, and any other person receiving benefits on the overpaid person's earnings record are liable (responsible) for repayment of an overpayment.

Can you go to jail for owing Social Security money?

Indeed, it is a criminal offense to knowingly provide a fraudulent application to the Social Security Administration (SSA) for any type of disability benefits. If caught, you could face hefty fines of up to $250,000 and/or spend up to 5 years in jail.

Can a payee go to jail?

Payees are required to spend the beneficiary's money only on the payee's medical needs and personal expenditures. If a representative is caught misusing a beneficiary's funds, he or she will not only have to repay the beneficiary, but also face fines and even imprisonment if found guilty.

Can Social Security take money from my bank account?

Under the law, Social Security funds are exempt (protected) from garnishment and other actions taken by debt collectors. But if your Social Security funds aren't directly deposited into your bank account, or if you transfer the funds into another account after they're received, the protection isn't automatic.

What percentage of Social Security can be garnished?

Federal income taxes: If you are in arrears, in most cases the Internal Revenue Service can take no more than 15 percent of your monthly Social Security benefit. Student loans: The garnishment rate for defaulted student loans is also 15 percent.

What happens if too much Social Security is withheld from multiple jobs?

Unfortunately, you cannot stop the withholding. However, you will get a credit on your next tax return for any excess withheld. Each employer is obligated to withhold social security taxes from your wages. The total they both can withhold may exceed the maximum amount of tax that can be imposed for the year.

Why did I get an extra payment from Social Security this month?

The extra payment compensates those Social Security beneficiaries who were affected by the error for any shortfall they experienced between January 2000 and July 2001, when the payments will be made. Who was affected by the mistake? The mistake affected people who were eligible for Social Security before January 2000.

Appealing A Denial of A Request For Waiver of SSI Overpayment

SSI recipients can ask for reconsideration of a request to waive an overpayment. To do that, contact your local Social Security office and tell the...

Appealing A Denial of A Request For Waiver of SSDI Overpayment

If you receive SSDI, Social Security does not have a reconsideration step if it denies your request to waive an overpayment. Instead, you can appea...

A Note About Appeal Deadlines

Social Security appeal deadlines run from the date that you receive a notice. Social Security presumes that you receive its notices five days from...

How Social Security Collects Overpayments

If you receive SSI, Social Security cannot take more than 10% of your monthly benefit to pay down an overpayment. If you receive SSDI, Social Secur...

What is an overpayment?

An overpayment is when you receive more money for a month than the amount you should have been paid. The amount of your overpayment is the difference between the amount you received and the amount due.

Can you pay back an overpayment?

You cannot pay back the overpayment because you need the money to meet your ordinary living expenses. You may have to submit proof of your income, as well as bills to show that all of your income is used for your monthly expenses and that it would be a hardship for you to repay.

Can you ask for a waiver at any time?

You can ask for a waiver at any time.

Can I change my SSA 634 payment rate?

You can submit form SSA-634 Request for Change in Repayment Rate to ask us to withhold less than the proposed amount each month, or you can arrange to make monthly payments if you no longer receive Supplemental Security Income (SSI) benefits.

What is an overpayment?

An overpayment is when you receive more money for a month than the amount you should have been paid. The amount of your overpayment is the difference between the amount you received and the amount due.

How to find Social Security Administration payee?

Using your bank or financial institution’s online bill pay option, search for “Social Security Administration” as the Payee.

Can you ask for a waiver at any time?

You can ask for a waiver at any time.

Can you pay back an overpayment?

You cannot pay back the overpayment because you need the money to meet your ordinary living expenses. You may have to submit proof of your income, as well as bills to show that all of your income is used for your monthly expenses and that it would be a hardship for you to repay.

Can I change my SSA 634 payment rate?

You can submit form SSA-634 Request for Change in Repayment Rate to ask us to withhold less than the proposed amount each month, or you can arrange to make monthly payments if you no longer receive Supplemental Security Income (SSI) benefits.

How to check on my Social Security disability appeal?

To check the status of your appeal, create or log in to your personal my Social Security account.

How long does it take to appeal SSI?

The notice will tell you how to appeal. If you file an appeal within 10 days of the date you receive your notice, your SSI benefits may continue at the same amount until we make a determination on your appeal. The notice will tell you if you are entitled to continued benefits.

How long do you have to appeal a disability termination?

If you appeal a disability cessation and you want to keep receiving benefits until we make a determination, you must make a written request for benefit continuation within 10 days after the date you receive the written notice . You are entitled to a hearing with a disability hearing officer.

How to request reconsideration of disability?

If you disagree with the initial determination, you may request reconsideration by writing to us or by completing a Form SSA‑561-U2 (Re quest for Reconsideration) or a Form SSA-789 (Request for Reconsideration - Disability Cessation). Go to www.ssa.gov to complete an online request for a reconsideration on a disability claim or non-disability issue.

What do you look for when you ask for an appeal?

When you ask for an appeal, we will look at the entire determination or decision, even those parts that were in your favor.

What happens after you file for SSI?

After you file an application for SSI, we will mail you a written initial determination. This is your first “initial determination”, but each time we make a determination about your eligibility or payment amount after that is also an initial determination.

Can you appeal SSI?

You can appeal most determinations and decisions we make about whether you can get Supplemental Security Income (SSI) or if we make changes to your benefit amount. That means you can ask us to look at your case again.

How to appeal Social Security denied?

If we recently denied your Social Security benefits or Supplemental Security Income (SSI), you may request an appeal. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal: 1 Reconsideration. 2 Hearing by an administrative law judge. 3 Review by the Appeals Council. 4 Federal Court review (please see the bottom of page for information on the Federal Court Review Process).

What to do if you disagree with a decision made at the reconsideration level?

If you disagree with the determination we made at the reconsideration level, you may ask for a hearing. An administrative law judge who had no part in the original determination or the reconsideration of your case conducts the hearing. You may request a hearing online.

How do I check my disability hearing status?

Whether you filed your request for a hearing online, by mail, or in an office, you can check the status of your disability and SSI hearing using your personal my Social Security account. A my Social Security account is an easy, convenient, and secure way to do business with us. If you don’t have one, you can create one today.

Can a Social Security appeal be denied?

The Appeals Council looks at all requests for review, but it may deny a request if it finds the hearing decision is in accordance with social security law and regulations. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. If you disagree with the hearing decision, you may request a review by Social Security’s Appeals Council online.

How to pay back an overpayment to the SSA?

Ask for a Payment Arrangement. Do this if you think that the overpayment was your fault or you can afford to pay it back. You can tell SSA that you want to pay the money back a little at a time. That amount would be based on how much of your income you need for your basic necessities.

What happens if you lose your Social Security appeal?

If you have lost all of your appeals or have decided not to appeal any further, you must pay the money back. You can tell SSA that you want to repay it in small amounts each month that you can afford. SSA can withhold all of your Social Security benefits to repay the overpayment.

What to do if your SSA waiver is denied?

If all 3 of these apply to you and your waiver is denied, remind the SSA worker that you qualify for an automatic waiver. If you live in Maine and the waiver is still denied, contact Pine Tree Legal right away. If you do not live in Maine, contact your local legal aid organization.

How long does it take for SSA to reconsider a waiver?

Here are the rules: Ask for a reconsideration of your waiver in writing at your local Social Security office. File the request within 60 days of being turned down for a waiver.

How to get overpayment recovery request?

Get a form called Overpayment Recovery Request, (you can also ask for one at your local Social Security office). This form asks you questions about whether you reported the change and whether you knew you should report the change. It will also ask questions about your income. Remember, you must show both that the overpayment was not your fault and that you do not have enough money to pay back the overpayment.

What happens if you request reconsideration from SSA?

If you request reconsideration, an SSA worker will review the papers in your file and make a new decision based on this file review. You will have an opportunity to present any new documents you want SSA to see.

How long does it take for SSA to take money out of your check?

If you ignore the notice, SSA will start taking money out of your future checks. You have to ask for one of these things within 30 days from the date on the notice to make sure SSA doesn’t take money out of your future checks.

How long to appeal Social Security overpayment?

The first part of the appeal is to forget about the 60 day window. You should file your appeal within 30 days. Why? For those requesting an appeal within 30 days, the overpayment will not have to be recovered until after the case is reviewed. If you wait the full 60 days, it’s likely the Social Security overpayment recovery process will have already started. This means that the Social Security benefit will be reduced, or worse, eliminated until the overpayment is collected.

What to do if Social Security disagrees with appeal?

If they disagree with your appeal, and you still think you are right, it may be time to escalate the issue. For this, I strongly suggest you find an attorney who can help. Read more about this escalation process on the Social Security’s website section dealing with requesting a hearing.

How to get a waiver of overpayment?

Request a Waiver of Overpayment. The first option should probably be to request a waiver from the Social Security Administration . This would waive or simply “write off” the overpayment. To have a waiver approved, you must meet two conditions. First, you have to convince SSA that the overpayment was not your fault.

What to do if you overpaid Social Security?

To do this, you have to provide SSA with records of your income and your expenses.

What does it mean when you get a notice of overpayment from Social Security?

These notification letters will often show up after a change in income or family status and generally allege that the Social Security Administration has paid you too much money.

How long does it take to get a waiver from a credit card overpayment?

However, there is still a process to follow if you receive one of these letters. Unless otherwise stated, you have three options. Pay the overpayment within 30 days. Appeal their determination within 60 days. Request a waiver.

Should I appeal Social Security?

The option you choose depends on your circumstances. Personally, I’ve seen too many bad calculations by the Social Security Administration to ever recommend just repaying the amount requested. In my opinion, an appeal should always be the first step.

How to avoid overpayment of Social Security?

To help avoid an overpayment, you should make yourself aware of restrictions on your benefit situation and make sure you inform Social Security of any changes that might affect your eligibility.

What to do if you get overpaid on Social Security?

If you receive a notice from the Social Security Administration saying you have been overpaid and must pay back the money or it will be withheld from future checks , you have the right to appeal. You can, depending on the situation, ask for a reconsideration or a waiver of the overpayment.

How long can you spread Social Security overpayments?

If you opt to have it deducted, you can spread the payments over up to 36 months.

What is the first level of appeal?

There are several levels of appeal. At the first level, you can request a case review, an informal conference or a formal conference. If you still get an adverse decision, you have the right to ask for a hearing conference. If you receive another adverse decision, you have the right to ask for a hearing.

What happens if you file a proper response within the time allotted?

This can include difficulty reading a notice due to blindness, a language barrier, an illness, a hospitalization or a serious emergency. If you file the proper response within the time allotted, the recovery of the repayment will be delayed or suspended until a decision is made. There are several levels of appeal.

Can you appeal Social Security?

Because of Social Security procedures, unless you take action within the time frame stipulated in the letter, you may be unable to appeal. All deadlines in the letter are from the date you get the notice. Deadlines can be extended if you can show good cause for a late appeal.

Does it matter if Social Security is at fault?

It doesn’t matter if Social Security was at fault — you just have to show you were not. After reading the letter, if you believe Social Security made a mistake in deciding you were overpaid or in the amount, you have the right to file a Request for Reconsideration form.

What happens when Social Security overpays?

Overpayments occur when Social Security pays an individual more disability, retirement, or dependents benefits than he or she was due, often because a one's income, resources, marital status, or living situation has changed. When Social Security discovers that it has made an overpayment, it sends the beneficiary a Notice ...

What to do if you get overpaid on Social Security?

If you receive an overpayment notice from Social Security, you can appeal, request a waiver, offer a compromise, or demand a lengthy repayment plan. Overpayments occur when Social Security pays an individual more disability, retirement, or dependents benefits than he or she was due, often because a one's income, resources, marital status, ...

What to do if you owe Social Security money?

If Social Security says you owe a significant amount of money, it's a good idea to contact an experienced disability attorney as soon as you receive your overpayment notice to handle your appeal.

What happens if you are denied a waiver from Social Security?

If your waiver request is denied initially, the SSA will arrange a personal conference at your local Social Security field office where you can argue your case to an SSA employee. Social Security should allow you ...

How long does it take to get a notice of overpayment from Social Security?

When Social Security discovers that it has made an overpayment, it sends the beneficiary a Notice of Overpayment stating the amount of improperly paid benefits and instructing the individual to return the excess benefits within 30 days. If you've received a Notice of Overpayment from Social Security, you do have options.

What is the lack of fault in obtaining a waiver?

The lack of fault, not the inability to repay benefits, is usually the major stumbling block in obtaining a waiver. The SSA may determine that an overpayment was not your fault in situations such as the following: You reasonably believed that you had reported all required changes in your living situation.

How long do you have to review a Social Security claim?

Social Security should allow you to review your claim file at least five days before the conference is held. If the waiver request is still not granted after the personal conference, you may request reconsideration and even an administrative hearing.

Appeals Process

How to Appeal Social Security Determinations and Decisions

Initial Determination

Reconsideration

Hearing

Appeals Council

• If you disagree with the judge’s decision, you (or your representative) may request an appeal by writing to us requesting an Appeals Council review, or by completing a Form HA–520 (Request for Review of Hearing Decision/Order). Go to www.ssa.govto complete an online request for Appeals Council review. We can help you complete this form. You (or you...

See more on ssa.gov

Federal Court