If you get a letter from Social Security stating you have been overpaid and you need to repay them, we may be able to help. If you agree with the overpayment and can pay it back, you just need to contact Social Security on how to handle the repayment. You may be able to set up a repayment plan that may take several years to pay the overpayment back, or you can pay the overpayment back in one payment.
However, if you disagree with the overpayment, there are two different options available for handling the overpayment. A Benefit Specialist will be able to discuss these options with you and then you can make a decision on how you want to proceed. The two options are a reconsideration and a waiver. In some circumstances you can do both. Timing is critical.
Reconsideration
This is the “appeal” choice. This is when you feel Social Security is wrong in the letter they sent you, or you feel the amount they say you owe is wrong. You can ask for reconsideration if Social Security has not provided enough information about the overpayment, or you do not understand the overpayment notice. You need to file a SSA-561 reconsideration form and then Social Security will take another look at their decision. If you file this appeal within 30 days of the notice and you are still receiving benefit checks, your checks can continue until Social Security makes a decision. However, after you file the reconsideration, if Social Security decides their overpayment notice was correct, you may have to pay back the benefits you continued to receive.
Waiver
If you feel overpayment was not your fault and you are unable to pay it back, you can complete a SSA-632 waiver form. You must meet both of these conditions to have an overpayment waived. If you are not able to meet your living expenses because you have to pay back an overpayment, Social Security will ask for detailed information about your living expenses. If you feel you cannot pay the entire amount back, it is appropriate to complete a waiver form. There is no deadline for filing the waiver form.
It is important to remember that Social Security cannot start deducting repayment from your Social Security income while either the “Reconsideration” or “Waver” is pending a final decision.
Getting an overpayment notice from Social Security does not mean this is the final decision that has been made about your benefit payments. You can contact Social Security about your concerns. For more information and options, call ADRC of Brown County at (920) 448-4300.
