Protecting Your Rights When SSA Demands Repayment
Receiving a notice that Social Security claims you were overpaid thousands of dollars can be frightening and financially devastating. The Social Security Administration (SSA) may demand immediate repayment or threaten to withhold future benefits, garnish tax refunds, or take other collection actions. Many overpayment determinations are incorrect, based on administrative errors, or imposed without proper consideration of whether you were at fault.
The Law Office of Frederic N. Ornitz provides experienced legal representation to individuals facing Social Security overpayment demands. We challenge improper overpayment determinations, negotiate repayment terms when overpayments are legitimate, and request waivers of recovery when appropriate. With decades of experience in Social Security law and administrative proceedings, we protect your rights and financial security.
A Social Security overpayment occurs when the SSA determines it paid you more benefits than you were entitled to receive. Overpayments can result from changes in income, living arrangements, work activity, marital status, or administrative errors in calculating benefits. The SSA typically discovers overpayments through periodic reviews, earnings reports from employers, or recipient self-reporting.
Social Security overpayments frequently arise from:
You typically have only 60 days from receiving an overpayment notice to request reconsideration or a waiver. Missing this deadline can result in immediate collection action. Contact our office immediately upon receiving an overpayment notice.
The SSA sends different types of notices depending on the situation. An initial overpayment determination letter explains why SSA believes you were overpaid, the amount, and the time period involved. The notice informs you of your right to appeal the determination and request a waiver of recovery. Some notices propose withholding benefits to recover the overpayment, while others may indicate SSA will refer the debt to the Treasury Department for collection.
We examine whether SSA's calculation is correct and whether you actually received benefits to which you were not entitled. Many overpayment determinations contain errors in fact or law that can be successfully challenged.
Even if an overpayment occurred, you may not be required to repay if you were not at fault and recovery would defeat the purpose of the Social Security Act or be against equity and good conscience.
When repayment is required, we negotiate manageable repayment plans based on your financial circumstances, preventing full withholding of benefits and avoiding financial hardship.
We represent clients through reconsideration, hearings before Administrative Law Judges, Appeals Council review, and federal court litigation when necessary to protect your rights.
Under Social Security law, you may request a waiver of overpayment recovery if two conditions are met: (1) you were without fault in causing the overpayment, and (2) recovery would either defeat the purpose of the Social Security Act or be against equity and good conscience.
Without Fault generally means you provided accurate information to SSA, reported changes timely, and did not receive benefits you knew you were not entitled to. SSA examines whether you knew or should have known that you were being overpaid.
Defeat the Purpose of the Social Security Act means recovery would deprive you of income needed for ordinary and necessary living expenses.
Against Equity and Good Conscience includes situations where you relinquished a valuable right or changed your position for the worse because of receiving the benefits, or where recovery would cause you severe financial hardship.
Successful waiver requests require detailed financial documentation, evidence of good faith, and legal arguments tailored to your specific circumstances. Our firm prepares comprehensive waiver requests that address both the "without fault" and "equity and good conscience" requirements, maximizing the likelihood of approval.
If waiver is not granted, SSA will attempt to recover the overpayment. By law, SSA must withhold your entire monthly benefit unless you request a different rate of withholding. We negotiate repayment plans that consider your financial situation, typically reducing withholding to a manageable amount such as $10 or $25 per month.
For overpayments involving Supplemental Security Income (SSI), recovery is generally limited to 10% of the monthly benefit amount, though SSA may propose higher rates. For Social Security Disability Insurance (SSDI) or retirement benefits, there is no statutory limit, making negotiation critical to avoid financial devastation.
Our representation in Social Security overpayment cases includes:
Failing to respond to an overpayment notice can result in immediate withholding of benefits, garnishment of tax refunds, and referral to collection agencies. Even if you believe the overpayment is incorrect or unfair, SSA will proceed with collection unless you take action. Contact our office immediately to protect your rights and explore your options.
Time is critical. Contact us today to protect your benefits and financial security.
Schedule a Consultation