SSDI Overpayment Appeal: Challenging an Overpayment Notice
TL;DR: An SSDI overpayment notice means the SSA says you received more benefits than you were entitled to and wants the money back. You have three options: request a waiver (you were not at fault and cannot afford repayment), request reconsideration (the SSA calculated wrong), or request a different repayment plan. File within 30 days for a waiver or reconsideration. The SSA cannot reduce your benefits during the appeal if you file within 30 days.
Receiving an overpayment notice is alarming. The SSA says you owe them thousands of dollars. But you have rights and options. Do not ignore the notice and do not assume you have to pay without a fight.
Why Overpayments Happen
- You returned to work and earned above SGA without reporting it promptly
- The SSA made an error in your benefit calculation
- Your disability review found you were no longer disabled, retroactive to an earlier date
- You received both SSDI and SSI and the offset was not applied correctly
- Workers' compensation offset was not applied
Your Options
| Option | When to Use It | Deadline |
|---|---|---|
| Request reconsideration | You believe the overpayment amount is wrong or does not exist | 60 days |
| Request a waiver | The overpayment was not your fault and repayment would be unfair or cause hardship | Any time, but file within 30 days to stop benefit reduction |
| Request a different repayment plan | You agree you owe but cannot afford the proposed repayment rate | Any time |
Waiver Requirements
To qualify for a waiver, you must show both:
- You were not at fault. You did not knowingly accept benefits you were not entitled to and did not fail to report required information.
- Repayment would be unfair. It would deprive you of necessary living expenses, defeat the purpose of benefits, or be otherwise against equity and good conscience.
Protecting Your Benefits
If you file a waiver request or reconsideration within 30 days of the overpayment notice, the SSA cannot reduce your current benefits while the appeal is pending. If you wait longer than 30 days, the SSA may begin withholding from your monthly check.
Get Help
Overpayment appeals can be complex. Consider consulting a disability attorney, especially if the amount is large. For general appeal guidance, see our other appeal resources.
Connect with an attorney partner for overpayment issues.
Frequently Asked Questions
What should I know about ssdi overpayment appeal: challenging an overpayment notice?
TL;DR: An SSDI overpayment notice means the SSA says you received more benefits than you were entitled to and wants the money back. You have three options: request a waiver (you were not at fault and cannot afford repayment), request reconsideration (the SSA calculated wrong), or request a different repayment plan. File within 30 days for a waiver or reconsideration.
What are the requirements for waiver requirements?
To qualify for a waiver, you must show both:
What are the benefits of protecting your benefits?
If you file a waiver request or reconsideration within 30 days of the overpayment notice, the SSA cannot reduce your current benefits while the appeal is pending. If you wait longer than 30 days, the SSA may begin withholding from your monthly check.
What should I know about get help?
Overpayment appeals can be complex. Consider consulting a disability attorney, especially if the amount is large. For general appeal guidance, see our other appeal resources.