The letter arrives without warning. Social Security says they overpaid you, and they want the money back. Your first reaction might be panic. Will they cut off your benefits? Garnish what little income you have left? The fear is real, but so are your rights.
An overpayment notice doesn't mean the case is closed. SSA makes mistakes, and even when the overpayment is accurate, you may not have to repay a cent. Working with a Boston SSDI lawyer can help you understand your options and come up with a manageable resolution.
How Does a Social Security Disability Overpayment Happen?
SSA could send more money than you're entitled to for several reasons. Sometimes it's their error, like a processing mistake or miscommunication between systems. Other times, it's triggered by unreported income, a change in work status, or medical improvement that wasn't properly documented.
Suppose Maria started a part-time job in March but didn't report it until July. By the time SSA adjusted her benefits, she'd received four months of SSDI payments she no longer qualified for. The overpayment totaled $3,200. She hadn't hidden anything; she just didn't realize she needed to report earnings immediately.
Note that rules for SSI and SSDI overpayments differ, particularly regarding recovery rates and financial criteria. Ask your Social Security Disability attorney about your particular circumstances.
What Are Your Rights When SSA Claims You Owe Money?
Before you panic or send a check, know you have the right to dispute the overpayment, request a waiver, or negotiate a repayment plan. The notice SSA sends includes deadlines and instructions, but many people overlook these details in the stress of the moment.
Can You Request an Explanation Before Deciding How to Respond?
Yes, and you should. Before filing an appeal or waiver, you have the right to request a detailed explanation of how SSA calculated the overpayment and to review the records they used to make that determination. Mistakes and delays can happen, so verifying the numbers before you respond can save time and money.
Can You Stop SSA From Withholding Benefits While They Review Your Case?
Yes, but timing matters. For SSDI waiver requests, SSA applies specific rules:
- If you request a waiver within 30 days of the notice date, SSA will not start recovery until they issue an initial waiver decision.
- If you request a waiver after 30 days, SSA will stop recovery once your waiver request is received, but withholding may have already begun.
For reconsideration requests, filing within 30 days of the notice date also prevents withholding from starting while SSA reviews your challenge. These protections are designed to prevent or pause recovery while SSA reviews.
Can You File Both a Reconsideration and a Waiver Request at the Same Time?
Yes. SSA policy allows you to request both reconsideration and a waiver simultaneously. This can be a smart strategy if you're uncertain whether SSA made a calculation error or if the overpayment is correct, but you weren't at fault. Filing both requests protects your options and reduces the risk of missing a critical deadline.
How Do You Challenge a Social Security Disability Overpayment?
If you believe SSA made a mistake, you can request reconsideration. You'll submit Form SSA-561 and include any evidence that supports your position: pay stubs, medical records, letters from employers, or documentation showing SSA had the correct information all along.
When Should You Request a Waiver Instead of Appealing?
A waiver is different from an appeal. Instead of saying SSA got the amount wrong, you're asking them to forgive the debt because repaying it would cause financial hardship or because the overpayment wasn't your fault.
How Do You Prove You Weren't at Fault?
SSA presumes you're responsible for knowing how much you should receive. To overcome that presumption, you need to show you acted reasonably. Did you report your income? Did you notify SSA when your condition improved or your work status changed? Can you demonstrate that you relied on incorrect information that SSA provided?
What Financial Information Does SSA Require for a Waiver?
You'll complete Form SSA-632-BK, which asks for detailed information about your income, expenses, assets, and debts. SSA uses this to determine whether repayment would create genuine hardship. If repaying the overpayment would leave you below the poverty line or force you to skip medications or meals, they're more likely to grant the waiver.
Can You Request a Waiver After the 60-Day Deadline?
While acting within 60 days gives you the best chance of stopping withholding before it starts, waiver requests aren't automatically barred after that window closes. People sometimes pursue waivers months later, particularly if circumstances change or new evidence emerges.
Can You Set Up a Repayment Plan for SSDI Overpayments?
If you don't qualify for a waiver and the overpayment stands, you can request a repayment plan. For many new SSDI overpayment notices (as of April 2025), SSA's policy sets a default withholding rate of up to 50% until the debt is paid, but you're not stuck with that rate. You can negotiate a lower withholding amount based on financial hardship.
How Do You Request a Lower Withholding Rate?
One commonly requested lower rate is 10% of your monthly benefit (or $10, whichever is greater). For someone receiving $1,200 per month, that's $120 instead of $600. The debt takes longer to repay, but you still have income to live on.
To request a lower rate, call SSA, visit your local office, or submit a written request explaining why the default withholding would cause hardship. Provide the same financial information you'd include on Form SSA-632-BK: income, expenses, dependents, and debts.
What Should You Do If You Receive an SSDI Overpayment Notice?
Don't wait. Read the notice carefully, note the deadlines, and decide which option fits your situation:
- Request an explanation first.
- Appeal if SSA made a mistake.
- Request a waiver if you weren't at fault and repayment would cause hardship.
- Consider filing both a reconsideration and waiver request.
- Negotiate a repayment plan if the overpayment is valid, but you can't afford the default withholding rate.
Whatever you choose, act within the 60-day window from the notice date. Once that period closes, your options narrow, and SSA's collection authority expands. Getting an overpayment notice is stressful, but it's not the final word. You have rights, options, and time to respond. The sooner you act, the more control you have over the outcome.
