Can I request a waiver for overpayment?
By Hogan Smith
Updated 04/22/2025
Yes, you can request a waiver if you've been overpaid disability benefits and believe you shouldn’t have to pay the money back. The Social Security Administration (SSA) or Veterans Affairs (VA), depending on the benefit program, allows beneficiaries to request a waiver under certain conditions. This can help relieve financial stress and prevent further deductions from future payments.
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What Is an Overpayment Waiver?
An overpayment waiver is a formal request asking the agency not to collect money you were overpaid. If approved, you will not have to repay the overpaid amount. This differs from setting up a payment plan—a waiver cancels the debt entirely.
Who Qualifies for an Overpayment Waiver?
To qualify for a waiver, you must prove two things:
- The overpayment was not your fault, and
- Repaying it would cause financial hardship or be unfair for other reasons.
Examples of situations where you may qualify:
- You didn’t realize your income affected your benefits.
- You reported changes in income or living situation, but the agency didn’t process it in time.
- You relied on the payments in good faith and now can’t afford basic living expenses.
How to Request a Waiver
- Complete the Waiver Form
- SSA: Use Form SSA-632-BK (Request for Waiver of Overpayment Recovery).
- VA: File VA Form 5655 (Financial Status Report), often accompanied by a written waiver request.
- Provide Evidence of Financial Hardship
- Include documents like pay stubs, rent receipts, medical bills, and utility statements.
- Be honest and thorough in describing how repayment would impact your daily living.
- Submit the Form Promptly
- File your request as soon as you receive the overpayment notice.
- While your waiver is under review, you can request a stop to collections until a decision is made.
What Happens After You File a Waiver?
- The agency may request additional documentation or schedule an informal hearing.
- They’ll evaluate your financial situation and the circumstances of the overpayment.
- You’ll receive a decision by mail. If denied, you can appeal the waiver decision.
How Hogan Smith Can Help
If you’re dealing with an overpayment and aren’t sure what to do next, Hogan Smith can help you:
- Understand if you qualify for a waiver
- Gather the right documentation to support your request
- Fill out and submit the necessary forms accurately
- Represent you during appeals if your waiver is denied
Contact Hogan Smith Today
Don’t let overpayment debts overwhelm you. Contact Hogan Smith for a free consultation. We’ll help you explore your options, file a waiver, and fight for the outcome you deserve. Let us take the stress out of the process so you can focus on what matters most—your health and well-being.
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