Understanding Supplemental Security Income (SSI)-- Overpayments (2024)

Understanding Supplemental Security Income Overpayments -- 2024 Edition

Understanding SSI Home Page / Understanding Supplemental Security Income Overpayments

OVERPAYMENTS


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.

WHAT CAN CAUSE AN OVERPAYMENT?

WHAT WILL WE DO IF THERE IS AN OVERPAYMENT?

We will send you a notice explaining the overpayment and asking for a full refund within 30 days. If you are currently getting payments and you do not make a full refund, the notice will:

    Understanding Supplemental Security Income (SSI)-- Overpayments (8)propose to withhold the overpayment at the rate of the lesser of 10 percent or the entire monthly payment;

    Understanding Supplemental Security Income (SSI)-- Overpayments (9)state the month the proposed withholding will start;

    Understanding Supplemental Security Income (SSI)-- Overpayments (10)fully explain your appeal rights and how you can appeal our overpayment decision;

    Understanding Supplemental Security Income (SSI)-- Overpayments (11)explain how you can ask us to review and waive the overpayment, so you may not have to pay it back.

    WHAT CAN YOU DO IF YOU GET AN OVERPAYMENT NOTICE?

    If you were a minor child receiving Foster Care benefits, and the State was your representative payee at the time you were overpaid, let us know.

    If you believe you were not overpaid or the amount of the overpayment is incorrect, you may request a reconsideration.

    If you ask for an appeal within 60 days from the date you receive the notice, any payment we are currently making will continue until we make a determination.

    Understanding Supplemental Security Income (SSI)-- Overpayments (12) NOTE: For information on requesting a reconsideration, see Appeals Process.
    If you believe that you may have been overpaid, but feel that it was not your fault and you cannot afford to pay us back, you may ask for:
    • Awaiveroftheoverpayment.
    • And complete form SSA 632 (Request for Waiver of Overpayment Recovery).
    Understanding Supplemental Security Income (SSI)-- Overpayments (13) NOTE: You may not need to complete the SSA-632 if you think you are not at fault and your overpayment is $1,000 or less. Instead, please request a waiver by calling us at 1-800-772-1213. We may be able to process your request quickly over the phone.
    Ifnecessary,wewillhelpyou.

    You can ask for a waiver at any time.

    If we grant you a waiver, you will not have to repay all or part of the overpayment. Generally, for us to grant you a waiver, you must show that:

      Understanding Supplemental Security Income (SSI)-- Overpayments (14)You were not at fault in causing the overpayment; and

      Understanding Supplemental Security Income (SSI)-- Overpayments (15)Paying us back would mean that you cannot afford to pay for housing, food, clothes, or medical 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; or

      Understanding Supplemental Security Income (SSI)-- Overpayments (16)You believe paying us back would be unfair for some other reason.

    IF YOU ARE NOT SURE WHAT CAUSED THE OVERPAYMENT, YOU MAY ASK FOR A RECONSIDERATION, A WAIVER, OR BOTH.

    You may ask to see your file to see the information we used in figuring the overpayment. You may have us explain the reason for the overpayment while you are examining your file.

    WHAT IF THERE WAS AN OVERPAYMENT AND WE DO NOT GRANT YOUR REQUEST FOR A WAIVER?

    You can request a reconsideration of Social Security’s denial of your request for waiver. If we continue to deny your waiver request upon reconsideration, you may appeal the determination by requesting a hearing (see Appeals Process). If the agency ultimately denies your waiver request, it is likely that you will have to pay back the overpayment or have it withheld from your monthly benefits.

    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.

    If you no longer receive SSI, we may withhold your overpayment from a Federal Income Tax refund and/or from any future Social Security benefits you may receive. If you become eligible for SSI in the future, we will withhold your overpayment from future SSI payments.

    Understanding Supplemental Security Income (SSI)-- Overpayments (18)Understanding Supplemental Security Income (SSI)-- Overpayments (20)
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Understanding Supplemental Security Income (SSI)-- Overpayments (2024)

FAQs

How can I get out of paying back an overpayment of Social Security? ›

If you agree that you have been overpaid, but you feel you should not have to pay it back because you did not cause the overpayment and you cannot afford to repay it, you should file Form SSA-632, Request for Waiver of Overpayment Recovery.

What does it mean when Social Security says you have 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.

Does Social Security ever forgive overpayments? ›

If you got a letter in the mail that says you were overpaid and need to pay us back, you can request a waiver. Ask us to waive repayment if you can't afford it and feel the error wasn't your fault, or if you believe the overpayment is unfair for another reason. We may ask to see details about your income and expenses.

How can I avoid SSI overpayment? ›

By accurately reporting your wages on time each month, you can help make sure that Social Security calculates your SSI cash payment or determines your eligibility for SSDI correctly. Accurate and timely reporting helps to avoid overpayments.

Can you negotiate Social Security for overpayment? ›

Request that we waive the overpayment if you believe you are not at fault for causing the overpayment and you cannot afford to repay the money back, or it is unfair for some other reason. You can ask for a waiver by submitting a completed SSA-632, Request for Waiver of Overpayment Recovery, to your local office.

What is the burden of proof for Social Security overpayment? ›

Policy. The burden of establishing without fault lies with the overpaid individual. The individual must request a waiver and submit evidence or provide a reasonable explanation as to why they believe they are without fault.

What happens if you have more than $2000 in the bank on SSI? ›

If the value of your resources that we count is over the allowable limit at the beginning of the month, you cannot receive SSI for that month. If you decide to sell the excess resources for what they are worth, you may receive SSI beginning the month after you sell the excess resources.

Can Social Security overpayment be discharged? ›

(1) We may accept a compromise settlement (payment of less than the full amount of the overpayment) to discharge the entire overpayment debt. (2) We may suspend our efforts to collect the overpayment. (3) We may terminate our efforts to collect the overpayment.

What is considered an overpayment? ›

An overpayment occurs when someone pays more than the required or agreed-upon amount for a product or service. It can happen due to various reasons, such as a billing error, incorrect calculations, or misunderstandings between the payer and the recipient.

Is there a two year limit on SSI overpayment? ›

In some cases where the SSA failed to take into account a reported fact that affected the SSI recipient's eligibility or the amount of the cash benefit, the agency will limit the amount of the overpayment to a two-year period, even if the problem existed for a much longer period of time.

How to get a waiver for SSI overpayment? ›

You think that you are not at fault and your overpayment is $1,000 or less. Instead, please request a waiver by calling 1-800-772-1213 or your local field office. We may be able to process your request quickly over the phone.

What is the recovery rate for Social Security overpayment? ›

As of March 25, 2024, the agency will collect ten percent (or $10, whichever is greater) of the total monthly Social Security benefit to recover an overpayment, rather than collecting 100 percent as was previous procedure.

How to win an SSI overpayment case? ›

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. Some of the reasons that may show that the overpayment was not your fault are: You have trouble reading. You did not know what you had to report to SSA.

Can a benefit overpayment be written off? ›

The DWP can agree to waiver (write off) the overpayment. However this will usually only be done in exceptional circ*mstances where recovery action will result in severe welfare issues for you or your family. The DWP will also look into the circ*mstances of the overpayment.

How do I pay off my Social Security overpayment? ›

If the Social Security Administration sent you a notice about an overpayment you owe, you can make a secure payment here. Before you begin: You will need your remittance ID in order to repay your Social Security overpayment on Pay.gov.

How to win a Social Security overpayment appeal? ›

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. Some of the reasons that may show that the overpayment was not your fault are: You have trouble reading. You did not know what you had to report to SSA.

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