Supplemental Security Income (SSI) Overpayments
© 1997-2000 by Neighborhood Legal Services, Inc.
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What is an SSI Overpayment?

        If you are an SSI recipient and get more SSI benefits than you are entitled to during any month or number of months, you have been overpaid. This is called an SSI Overpayment.

        The amount of an overpayment is the amount of benefits paid to you minus the amount you were actually entitled to receive during a given time.

        The Social Security Administration (SSA) can take money out of your future checks to pay back an overpayment. There are ways to stop SSA from doing this. Read on to find out how.

How do I fight/appeal an overpayment?

        There are several steps you can take.

        First, you can ask SSA to check their decision again because you think it is wrong by filing a REQUEST FOR RECONSIDERATION. You should file this form if you think that no overpayment has occurred or if SSA has overestimated the amount of an actual overpayment.

        Second, you can ask the SSA to "waive" or "give up" an overpayment claim against you by filing a REQUEST FOR WAIVER. This means you are asking SSA not to make you pay the overpayment back. You can get this form through your local SSA office. This form is long, so you may want someone to help you complete it.

        Third, you can file both a request for waiver and reconsideration if you think both apply to your situation. For example, you may think that SSA did not overpay you but even if it did, it wasn't your fault and you do not have the money to pay it back. When you request ONLY a waiver of overpayment (and not a Request for Reconsideration) YOU ARE ADMITTING THAT THE OVERPAYMENT ACTUALLY OCCURRED AND THE AMOUNT IS CORRECT, BUT THAT IT SHOULD NOT BE COLLECTED.

Is there a deadline for filing an appeal?

        Generally, you must file for a reconsideration within 60 days of the notice of overpayment. There is no time limit to file for a waiver. REMEMBER: Automatic deductions from your benefit check to pay back the overpayment can begin as soon as 30 days after the notice, so it is best to file your appeal within 30 days of the notice. Once the initial appeal has been filed, deductions from your check should stop.

        There are some exceptions to the 60 day deadline. If you have a question about exceptions, call your local legal services office.

How do I file a request for a Waiver of Overpayment

        A Request for Waiver of an SSI overpayment is made by completing a REQUEST FOR WAIVER AND RECOVERY QUESTIONNAIRE which you can get at your local Social Security office.

        In order to make a successful argument for a waiver, you must show:

        1. the overpayment was not your fault,

AND

        2. repayment of this money would not leave you with enough money to live on,

OR

repayment would not be fair to you (how and why the overpayment happened will be considered in deciding this),

OR

the amount of overpayment is so small that it would not be worth Social Security's administrative cost to collect it from you.

What if my request for a waiver is denied?

        If your REQUEST FOR WAIVER is denied, you can appeal this decision by filing a REQUEST FOR RECONSIDERATION. Do not confuse this appeal with a Request for Reconsideration of an overpayment which we discuss below. This request means that you want SSA to change its mind about the waiver denial.

        Remember that you generally only have 60 days within which to appeal this waiver denial. You may request waivers as often as your situation changes.

        If your waiver request is denied, you may want to contact our office for an appointment to discuss your case with an advocate.

How do I file a request for reconsideration of an overpayment?

        A Request for Reconsideration of an overpayment is filed by completing a form entitled REQUEST FOR RECONSIDERATION which can be obtained from your local SSA office. This is a one page form which can be completed in about five minutes. You should file a REQUEST FOR RECONSIDERATION when the amount of overpayment is incorrect or no overpayment truly occurred.

When I file an initial appeal, will I have a hearing?

        No. When you file a request for a waiver, SSA makes it decision by reviewing papers. Because SSA is only looking at papers, it is important to clearly state the reasons the overpayment is incorrect or worthy of a waiver. You may wish to attach photocopies of documents (bank statements, etc.) which support your arguments. If you file a request for reconsideration, you may ask for a paper review only, or you may ask for a personal conference with an SSA representative.

What if my request for a reconsideration of an overpayment is denied?

        If your reconsideration request is denied, you can file a REQUEST FOR A HEARING. This form is available at your local SSA office. Again, the deadline for filing this form is generally 60 days after the date of the denial notice. While a hearing is an informal meeting, we suggest you contact our office to discuss your case with an advocate at this point.

What if I lost and I have to pay back the overpayment?

        Even if you have to repay the Social Security Administration, you may be able to pay back at a lower rate than the normal 10% if you can show that you would not be able to meet your ordinary expenses if you had to pay back at 10%. You may be able to get this rate lowered and have the SSA withhold even less from your check. Ask your worker if this can work for you.

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