Understanding Social Security Overpayments

What is a Social Security Overpayment?

An overpayment happens when Social Security pays you more than you should have received. This isn't your fault in many cases. The Social Security Administration (SSA) might make calculation errors or not have your most current information.

You have rights when facing an overpayment notice.

Recent Policy Changes - Important!

The SSA has recently changed how they recover overpayments:

What Should I Do If I Receive an Overpayment Notice?

You have four options:

Pay the amount in full

  • Follow instructions in your notice
  • Pay online at pay.gov if your notice includes a Remittance ID

Appeal the decision if you believe:

  • You weren't overpaid
  • The amount is incorrect

Request a waiver if:

  • The overpayment wasn't your fault
  • You cannot afford to pay it back

Request a lower withholding rate if:

  • You agree you were overpaid
  • You can't afford the standard 50% withholding rate

Understanding SSA-561 vs. SSA-632 Forms

There are two different forms for challenging overpayments, and you can submit both:

Form SSA-561 (Request for Reconsideration):

  • Use when you disagree that you were overpaid or with the amount
  • Essentially says "I don't owe this money" or "I don't owe this much"
  • Must file within 60 days of receiving the overpayment notice
  • Challenges the existence or accuracy of the overpayment itself

Form SSA-632 (Request for Waiver of Overpayment Recovery):

  • Use when you agree you were over paid but shouldn't have to pay it back.
  • Essentially says "I may owe this money, but I shouldn't have to repay it"
  • Can file at any time, even after you've started repaying.
  • Requires proving: 1) Not your fault AND 2) Can't afford to repay or it would be unfair.

Many beneficiaries submit both forms to cover all bases.

Your Appeal Rights

You have 60 days from receiving the notice to file an appeal.

During the appeal:

SSA will not collect the over payment
Your benefits continue unchanged
 You must submit evidence supporting your case

How to Appeal an Overpayment (Form SSA-561)

  • Complete Form SSA-561 (Request for Reconsideration)
  • Explain why you think you weren't overpaid or why the amount is wrong
  • Submit to your local Social Security office.
  • Keep a copy of everything you submit

How to Request a Waiver (Form SSA-632)

You can request a waiver at any time - even after you've started repaying.
To qualify for a waiver, you must prove:

  • The overpayment wasn't your fault, AND
  • You cannot afford to repay it OR it would be unfair for some other reason

Steps to request a waiver:

  • Complete Form SSA-632 (Request for Waiver of Overpayment Recovery)
  • Provide detailed financial information
  • Submit to your local Social Security office
  • Keep a copy of everything you submit

What If My Reconsideration Is Denied?

If your reconsideration request is denied, you have three more levels of appeal:

Administrative Law Judge (ALJ) Hearing

  • Must request within 60 days of reconsideration denial.
  • Success rate: Approximately 50%of cases are approved at this level.
  • In-person or video hearing where you present your case.
  • Should you get a lawyer? Strongly recommended at this stage.
  • Average processing time: 12-18months.

Appeals Council Review

  • Must request within 60 days of ALJ decision
  • Success rate: Only about 15% of cases result in favorable action.
  • Reviews ALJ decision for legal errors.
  • Should you get a lawyer? Almost essential at this level.
  • Average processing time: 12-24months

Federal Court Review

  • Must file civil action within60 days of Appeals Council decision.
  • Success rate: About 35% result in remand or reversal.
  • Should you get a lawyer? Required(non-attorneys cannot represent themselves).
  • Costs: Filing fees plus attorney fees.
  • Average processing time: 12-24months

How to Request a Lower Withholding Rate

If you can't afford the 50% withholding rate:

Contact Social Security at1-800-772-1213
Request Form SSA-634 (Request for Change in Overpayment Recovery Rate)
Provide detailed financial information
Submit to your local Social Security office

Common Questions About Overpayments

Why was I overpaid?

Common reasons include:

  • Unreported changes in income
  • Changes in living situation
  • Calculation errors by SSA
  • Unreported resources exceeding limits (for SSI)
  • Incorrect information about your ability to work
How long does SSA have to collect an overpayment?

There is no time limit. SSA can collect over payments indefinitely.

What if I can't afford to repay anything?

If you can prove financial hardship, SSA may temporarily suspend collection.

Can SSA take my tax refund for an overpayment?

Yes, if you don't respond to notices or make arrangements to repay.

Will an overpayment affect my credit score?

It can if you don't respond and the debt is referred to the Treasury Department.

Get Help

If you need help with an overpayment:

Remember: Always respond to overpayment notices even if you can't pay. Ignoring them will make the situation worse.

Helping Americans navigate Social Security and Medicare nationwide