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LSNJ LAW Home > Legal Topics > Disability > Social Security Disability/SSI

What happens if Social Security overpays you?

 

Sometimes, the Social Security Administration (SSA) makes a mistake and sends more money than it should. If this happens to you, you will be notified by SSA and asked to return the extra money. If you do not respond, the SSA may take money out of your future checks. This is called “overpayment withholding.”

A recent change increases the default overpayment withholding rate for Social Security Disability (SSDI), Retirement, and Survivor beneficiaries to 100% of a person’s monthly benefit. This means that the SSA will withhold 100% of your future checks to recover the amount that they overpaid you until the full amount has been repaid. This new rate applies to new overpayments as of March 27, 2025. The old default rate of 10% still applies to any overpayments made before March 27.

Note: The new rate applies to Title II disability benefits (SSDI) and other SSA benefits, but does not apply to Supplemental Security Income (SSI) benefits, which still have a 10% default recovery rate.

Is there any way to lower the overpayment withholding?

There are some ways people can avoid overpayment recovery.

  • File a Request for Consideration. If you believe that you were not overpaid or disagree with the amount SSA says they overpaid you, you can file a request for reconsideration appeal. This is done by filing a form SSA-561, Request for Reconsideration. You must appeal within 60 days of receiving the overpayment notice from the SSA. Until SSA rules on the appeal, you can ask that SSA suspend collection of the overpayment.

  • Request waiver of overpayment. The request for waiver asks SSA to forgive the debt. Debt forgiveness can be granted under certain circumstances. Waiver requests can be filed by submitting form SSA-632. You can ask that SSA not collect on the overpayment until after SSA rules on the request. While waiver requests can be filed at any time, acting promptly after receipt of an overpayment notice is important for you to avoid potentially losing all of your monthly benefit.

  • Request a lower rate of recovery. If you cannot afford to repay the overpayment in full, you can contact SSA at 1-800-772-1213 or your local SSA office to request a lower rate of recovery. The required form for this request is form SSA-634. You may be required to provide financial information to support your request.

Given recent staff reductions in the SSA administration, it is especially important to save copies of appeals, waiver requests, and all correspondence and evidence that you send to SSA. If you have questions about your rights, you can apply for help from the LSNJLAWSM Hotline online at www.lsnjlawhotline.org, or by phone at 1-888-LSNJ-LAW (1-888-576-5529).