Can I dispute a disability overpayment?
By Hogan Smith
Updated 05/06/2025
If you’ve received a notice from the Social Security Administration (SSA) claiming that you were overpaid disability benefits, you may feel shocked, confused, or even panicked. The good news is that you have the right to dispute a disability overpayment if you believe it’s incorrect or unfair. SSA provides a process for appealing, disputing, or even waiving overpayments, depending on your situation.
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What is a Disability Overpayment?
A disability overpayment occurs when SSA believes it has paid you more in SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefits than you were entitled to receive. Overpayments may result from:
- Unreported earnings from work
- Changes in income or living arrangements
- Administrative errors by SSA
- Delays in updating records
SSA will send you a letter detailing the amount of the overpayment and requesting repayment.
Yes — You Can Dispute an Overpayment
If you don’t agree with the overpayment, you can dispute it by filing an appeal. Here’s how:
File Form SSA-561 (Request for Reconsideration)
This is the official form to appeal an overpayment decision. You must submit it within 60 days of receiving the overpayment notice. Use this option if:
- You believe the overpayment never happened
- The amount is incorrect
- You were entitled to the benefits you received
Provide Supporting Documentation
When filing your appeal, include:
- Pay stubs or income records
- Bank statements
- Correspondence with SSA
- Any other evidence supporting your position
SSA will review the case and notify you of the outcome.
Requesting a Waiver of Overpayment
If the overpayment was real, but not your fault, and repaying it would cause financial hardship, you can request a waiver using Form SSA-632-BK. If the waiver is approved:
- You won’t have to repay the overpayment
- Your monthly benefits will not be reduced
You may request a waiver at any time, even if you're outside the 60-day appeal window.
What Happens After You File a Dispute?
After submitting your request for reconsideration:
- SSA will review your case and may request additional information
- If denied, you can request a hearing before an Administrative Law Judge
- During the process, you may ask SSA to pause recovery efforts until your dispute is resolved
Can SSA Withhold My Benefits?
Yes, SSA may begin withholding a portion of your benefits—often 10% of your monthly SSI payment—to recover the overpayment. However, if you file an appeal or waiver, you can request that collections be temporarily stopped until your case is decided.
How Hogan Smith Can Help
Facing a disability overpayment can be overwhelming, especially when you believe it’s unjust. At Hogan Smith, we help people just like you:
- Evaluate the overpayment claim for errors or misunderstandings
- File appeals or reconsideration requests promptly and correctly
- Help you prepare a waiver request based on financial hardship
- Represent you at SSA hearings if necessary
Contact Hogan Smith Today
If you’re unsure whether you owe the overpayment, or if you simply can’t afford to pay it back, don’t wait. Contact Hogan Smith for a free consultation. We’ll review your case, explain your rights, and help you take the right steps to dispute the overpayment. Let us fight for the benefits you deserve.
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