How do I dispute a disability overpayment?

By Hogan Smith

Updated 04/22/2025


If you’ve received a notice saying you’ve been overpaid disability benefits, you have the right to dispute it. Whether you believe the overpayment is incorrect or shouldn’t be collected, it’s important to act quickly. Disputing an overpayment can stop collection efforts and possibly erase the debt entirely.

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Understand the Overpayment Notice

The notice you receive will outline:


  • The amount overpaid
  • The reason for the overpayment
  • Your repayment options
  • Your right to appeal or request a waiver


Don’t ignore the notice—even if you disagree with it. Failing to respond can lead to wage garnishment or withholding of future benefits.


Ways to Dispute the Overpayment

You have two main options when disputing a disability overpayment:


1. File an Appeal

If you believe the overpayment never occurred or that the amount is wrong, you can file an appeal.


  • For Social Security Disability (SSDI or SSI), use Form SSA-561 (Request for Reconsideration).
  • For VA disability, submit a Notice of Disagreement (NOD).


Be sure to file within 60 days of receiving the overpayment notice to preserve your appeal rights.


2. Request a Waiver

If the overpayment did happen but you think you shouldn’t have to pay it back, you can request a waiver.
You must show:


  • The overpayment wasn’t your fault, and
  • Paying it back would cause financial hardship or be unfair.


Gather Supporting Documentation

Whether you’re appealing or requesting a waiver, include:


  • Your written explanation of what happened
  • Medical or financial records showing why you shouldn’t have to repay
  • Copies of communications with Social Security or VA (e.g., reports of income, updates)


What Happens Next?

  • SSA or VA will review your case.
  • You might be asked to attend a phone or in-person hearing.
  • In some cases, collections are paused while they review your dispute.
  • You’ll receive a written decision—if you lose, you still have the right to appeal further.

How Hogan Smith Can Help

At Hogan Smith, we understand that dealing with overpayments can be frustrating and overwhelming. Our team can help you:


  • Review your overpayment notice and explain your rights
  • Prepare and file an appeal or waiver request
  • Collect the documentation needed to support your case
  • Represent you through the hearing or appeals process

Contact Hogan Smith Today

If you’ve been hit with an overpayment notice and don’t know where to start, contact Hogan Smith for a free consultation. We’ll help you dispute the overpayment and protect your benefits. You don’t have to face this alone—we’re here to fight for your financial security.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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