Social Security Overpayments
Published: 2022
Download the 2022 Social Security Overpayments print PDF
Purpose of this Publication
This information addresses answers to common questions from crime survivors with disabilities who may need financial compensation. The purpose of this publication is to provide general information to individuals regarding their rights and protections under the law. This publication is not a substitute for legal advice. Federal and state law can change at any time. Contact Disability Rights Oregon or consult with an attorney in your community if you need additional help.
Social Security Overpayments
An overpayment occurs when Social Security finds you have gotten more money in your check than you should. This can happen due to such things as a change in your:
Earned income or employment status
Living situation
Marital or disability status
Do not ignore a notice of overpayment. Timelimits may apply, so act quickly
You have the Right to Dispute an Overpayment
Social Security will send you a notice of overpayment in writing. The notice must contain your:
Overpayment amount
Overpayment cause
Repayment options
Appeal rights
Your Options to Resolve an Overpayment
You have three options to resolve an overpayment:
FILE a request for reconsideration if you disagree with the overpayment or believe that the amount is incorrect.
FILE a request for waiver if the overpayment was not your fault and you cannot repay it.
NEGOTIATE a payment plan if you do not dispute the overpayment.
Appeal if You are Denied. Appeal rights are on the decision notice and are time limited, so act immediately.
1. Request for Reconsideration
SSA Form 561-U2
FILE your request within 30 days of the notice date to stop collection efforts. The absolute deadline to file is within 60 days.
STATE that you disagree with the amount of the overpayment.
ASK on the form that no money be withheld from your check until a final decision is reached.
CONTACT the Ticket to Work Call Center at 1-886-988-7842 to find out if Work Incentives may be available to you.
2. Request for Waiver
SSA Form 632-BK
FILE your request at any time, including if your request for reconsideration is denied. File within 30 days of the notice date to prevent money being taken out of your check.
PROVE to Social Security that the overpayment was not your fault and that you cannot afford to repay the money owed.
ASK on the form that no money be withheld from your check until a final decision is reached.
3. Negotiate a Payment Plan
REQUEST a payment plan from your local Social Security office. No form is necessary.
SUGGEST a monthly amount that you can afford as well as an income & expense statement that supports your proposal.
ASK that no money be withheld from your check until a final decision is reached
CONTACT Social Security immediately if you are unable to make the full payment.
Disability Rights Oregon no longer can assist with overpayment Issues. Additional information can be found at http://www. socialsecurity.gov/online/ssa-561.html or call Social Security at 1-800-772-1213
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Portions of this document may be reproduced without permission, provided that Disability Rights Oregon is appropriately credited.
NOTICE: This document is not intended as a substitute for legal advice. Federal and state law can change at any time. You may wish to contact Disability Rights Oregon or consult with an attorney in your community if you require further information.
