Social Security Overpaid Me $18K & Now Wants It Back

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READER QUESTION

What if someone owes $18,000 to Social Security from overpayment and now the SSA wants the money back?

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Bills.com Resident Expert
Dec 12, 2011
HIGHLIGHTS
  • The Social Security Administration routinely overpays beneficiaries.
  • The SSA will ask a beneficiary to return overpayment.
  • Beneficiaries can appeal overpayment requests.
BILL'S ANSWER

Because of the complex formulas used to calculate benefits, and the huge number of beneficiaries in the system, the Social Security Administration (SSA) inevitably makes mistakes in benefits payments. These mistakes can result from errors made by applicants in completing SSA forms, or by errors on the part of the SSA, such as typos when inputting beneficiary information.

When the SSA realizes it has overpaid a beneficiary, it will send the individual a letter requesting that recipient pay back the money that he or she received in error. However, the SSA knows that some of the people who it has overpaid in the past are not financially capable of compensating the SSA for the overpayments, which can be substantial, especially if the error was not caught and corrected quickly.

The SSA has a whole section on its Web site discussing overpayment issues and what you can do if you either think that you were not overpaid, or if you cannot afford to pay back the money. You can visit Understanding Supplemental Security Income Overpayments for more information. Also, the forms you need to complete are available at Request For Waiver Of Overpayment Recovery Or Change In Repayment Rate - Form SSA-632-BK.

If you claim inability to repay the debt due to financial hardship, you will need to submit the appropriate form (see SSA Web page mentioned above) along with proof of your inability to pay, such as your paystub, rent receipts, and utility bills, receipts for medications and other medical care, and any other documentary evidence supporting your claim that you do not have enough money to repay the SSA after meeting your family's basic living expenses.

The SSA will review your request, and if it approves the request, it may entirely or partially waive the overpayment obligation. If the SSA rejects your request, you do have the option to file an appeal; depending on the amount of money in question, it may be wise to hire a lawyer to assist you with the appeals process.

Many legal aid and other pro bono legal services can assist with SSA overpayment disputes (for an example of the types of help you may be able to receive through legal aid, you can visit Pine Tree Legal Assistance's page How to Cope with Social Security Overpayments).

In a worst case scenario, the SSA may be able to garnish your wages and seize other assets, such as money in your bank accounts, to collect this debt. This extreme action is only likely to happen if you ignore the problem and do not communicate with the SSA to work out some type of solution, either a waiver, deferment or repayment, or an affordable payment plan.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

Comments (33)


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James P.
November 29, 2011
Hi, I am currently going through a problem with social security and need help. I recieved a letter saying I owe $14,161 because I was overpaid for 18 months when I was not supposed to recieved dissability. When I called and asked why I am still collecting payments, they said it is from SSI and not dissability. I asked why I wasn't receiving SSI during the payments of dissability, and they said because you can't receive SSI while getting Disability. I have no idea what to do, I just finished college so I have to start paying back student loans. I work a temp job that barely gets me by and I really don't want to become homeless again. I have had 5 different addresses (including my car) due to bad living arrangements and have struggled to stay alive over the last 8 years. Social Security said they sent me multiple letters, but I never received them and this is the 1st I heard of it. Why would they make the mistake of continueing to put direct deposit payments into my bank account for 18 months when I am not supposed to receive them anymore? More importantly, why do I have to be the one to pay for their mistake?
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Bills.com
November 30, 2011
Contact the Social Security Administration at 1-800-772-1213 (TTY 1-800-325-0778) or visit your local Social Security office and ask about the overpayment. They will examine each overpayment individually and will follow established procedures governing overpayments, appeals, and waivers. They will aid you in filling out the correct forms. If they are not helpful then look for local free legal counseling.

Unfortunately, when it comes to the government, when they make a mistake in your favor, you are still responsible.
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Shirleen M.
Union City, MI  |  October 10, 2011
I have a question, My husband is on Social Security Income and has been for 10 years. He worked and made over his amount, He contacted SS and they worked out a plan by which $100 per month is currently being taken from his check. He originally owed a total of $24,000. If he should pass away, do I, as his wife have to repay that? I am getting up there to collect my own SS, will they take it from mine? Thank you.
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Bills.com
October 10, 2011
I am not aware of any Social Security Administration rule making a surviving spouse liable for a deceased spouse's overpayment, or the spouse's repayment agreement. Readers, please comment below if you have information to the contrary.
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Lexi L.
Jacksonville, FL  |  June 13, 2011
Social Security recently sent me a letter saying I have been over payed $20,000 by them and they want me to pay it back. Will they just take that money out of my $900 check I usually receive from them every month? Also, how do I get off social security for good? And if I did get off social security for good, would I have to pay that $20,000 out of my own pocket? I am so confused. Help me please!!!!!!!!
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Bills.com
June 14, 2011
Consult with a lawyer in your state who has experience in consumer law. A lawyer will be able to interview you and learn why you are receiving Social Security benefits, can review the reasons why the Social Security Administration believes you were overpaid, and can explain your rights and liabilities.
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Shannon W.
Miami, FL  |  July 04, 2011
My mother passed away 2 years ago and SSA continued to pay benefits for about 6 months after she died. It was direct deposited into her and my joint account. The bank has placed a hold on the overpayment but SSA has still not retracted the money from the bank. I really want to close the account but the bank said I have to wait for SSA to request the money back...as I said it has been 2 years...any ideas what I should do? It is $10,000. Thank you
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Bills.com
July 05, 2011
Have you tried contacting the Social Security Administration directly? The SSA Web site explains how they accept overpayment on benefits.

I think that you may be able to get the bank to make out a bank check in the name of the SSA, once you determine the exact amount that needs to be repaid. That way, the bank can be assured that the money will not be used by you, personally.
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Anna B.
Windcrest, TX  |  May 18, 2011
The SSA stated they over paid my daughter $9000 & now wants it back. Her father receives disability so therefore she gets a benefit, which took the place of child support. Her father started working & informed SSA of this he still gets SSI & is working. Due to this they said the benefits should have been suspended when he started working, but he informed them of this & they told him the benefits would continue. I never received any additional money from his job. I have a court order stating the disability benefit is considered child support. How is this my fault & why do I have to pay it back. I don't have that kind of money to pay back. What can I do?
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Bills.com
May 18, 2011
Reread the original answer above, and consider completing a Social Security Form SSA-632-BK. Consult with a lawyer who has experience with Social Security negotiations if you need assistance in arguing your daughter's case with the Social Security Administration.
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Anna B.
Windcrest, TX  |  May 18, 2011
Would you recommend the Waiver or the Reconsideration?
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Bills.com
May 18, 2011
I cannot give you legal advice. Consult with a lawyer, who will interview you, ask probing questions about the circumstances surrounding how your ex-spouse received information that he should not report his income to the Social Security Administration, and review your divorce decree. He or she will explain the positives and negatives of each approach, and recommend the best course of action for you.
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Anne S.
Houston, TX  |  April 13, 2011
Another question, if you are being investigated due to false reports because of a revenge situation, who would you talk to about it? Is there some sort of lawsuit you can file to put a stop to someone accessing your ssa account? Say if your sister is friends with an IRS agent and you start mysteriously having problems with the ssa because of this? I don't get along with my sister and my ex-in laws and she knows this and has gone behind my back and helped everyone who has even gotten a tiny bit upset with me to gang up and cause me and my children problems but maintains she of course did no such thing.
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Bills.com
April 14, 2011
Consult with a lawyer in your area who has experience in civil litigation. He or she will review your issue with the Social Security Administration, your potential tax issue, and the possible slander issue. Regarding the latter, you need some evidence your sibling is causing you harm. This evidence must be in form of statements from witnesses who can describe your sibling's behavior, or e-mails, or recordings of telephone conversations, and so on.
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Andrew Y.
Racine, WI  |  February 20, 2011
If I am currently in Ch. 13 Bankruptcy, is SSA allowed to offset my taxes for over payments made prior to filing even though they did not file for payments under my plan?
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Bills.com
February 21, 2011
Consult with your bankruptcy lawyer about this question. He or she knows far more about your situation than I, and will advise you precisely.
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Dona M.
South Jordan, UT  |  February 18, 2011
I have a similar question regarding a SSA overpayment of over $17,000.00. I was married to my first husband for 40 years and then divorced. When I married my second husband, within the required time-frame, I went to SSA and applied for a new SS card and reported my new marriage. The SSA employee told me that I could use either husband's SS# - whichever one was higher. I continued on my ex-husband's SS#. When my current husband passed away recently, I went to SSA again to report his death. This red-flagged my file. The SSA employee told me incorrect information 4 1/2 years ago, and now they say I owe them for the overpayment even though it was not my fault. My frustration is that they won't tell me how they calculated the amount of overpayment. They admit they have not given me credit regarding what I would have received if I had used my new husband's SS#. Will SSA go back 4 1/2 years and adjust what I would have received under my new husband and recalculate it? Is there a statute of limitations when it applies to giving credit in this kind of case? I have applied for reconsideration and now need to give them my financial information. If I have any savings for emergencies - will they insist that I can afford to pay them back? Thanks for your help! I am so frustrated. I now know that Social-Security is an oxymoron. When are we ever safe to spend what we collect from SSA? At what point to you recommend an attorney? Thanks!!!
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Bills.com
February 20, 2011
Consult an attorney whenever you believe your rights are being infringed upon. In the case described here, you consulted with the Social Security Administration to learn which course of action to take, took it, learned you were told the wrong information, and now face a penalty for it. It would be foolish to advise you not to consult with an attorney. Yes, a lawyer's time is not cheap, but the alternative if you lose your appeal is very expensive indeed.

Regarding the statute of limitations, I have not discovered a statute of limitations for the Social Security Administration to collect on over payments. I welcome readers to correct me on this or any other subject.
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Dona M.
South Jordan, UT  |  September 19, 2011
This is me (Dona M.)again. I just received word after nearly 9 months of waiting that the SSA has issued me a waiver concerning my overpayment. I wrote numerous letters of appeal, made many phone calls, involved my state senator and the decision was finally made. It's a miracle as far as I am concerned. I am very grateful. I would like to encourage anyone in my situation to stand up for the injustice of it all. Also, save your paperwork from SSA - you just might need it someday!
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Bills.com
September 19, 2011
Thank you for returning and sharing your good news. Your advice is sound, indeed.
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William G.
Pensacola, FL  |  December 21, 2010
When SSA makes errors and overpayments are made over a protracted period of time, when does the statute of limitations bar overpayment recovery of the earlier overpayments? i.e. how many years back can SSA go to obtain recovery?
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Bills.com
December 21, 2010
The Social Security Administration's Overpayment Electronic Fact Sheet is a good place to start to learn about this issue. The Social Security Administration (SSA) published the rules Congress wrote to govern the SSA's operation. Section 204. (42 U.S.C. 404) concerns overpayments and underpayments. I see no statute of limitations Congress placed on the SSA to recover overpayment. I cannot find any court cases that limit the SSA's time to recover either. Consult with an attorney in your state who has experience in appealing SSA decisions. He or she will learn more about your exact circumstances, and give you a precise opinion.

Your time to appeal an overpayment and ask for a reconsideration is 60 days.
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Michelle D.
Saucier, MS  |  January 22, 2011
My son is recieving ssi disability and i started doing odd jobs to support us since i am a single parent. When i looked on like at self employment i read you have to send in your tax returns so i just assumed when i got my tax return to send that in and they would adjust now i am finding out I may be penalized ..this is the first time this has happened do they usually take payment arrangements for overpayment thanks for your help
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Bills.com
January 23, 2011
My reply to Ray on September 30, 2010, which is on this page, discusses how to notify the Social Security Administration of changes to a Social Security recipient's income. My original answer above discusses how to negotiate a settlement with the Social Security Administration if it overpaid you.
Thanks for your feedback!
 
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