How much overpayment is too much?

By Hogan Smith

Updated 04/21/2025


When it comes to disability benefits, any overpayment—no matter the amount—can be a serious issue. The Social Security Administration (SSA) and Department of Veterans Affairs (VA) both have the right to recover overpaid funds, regardless of whether the error was your fault or theirs. But how much is “too much”? The answer depends on the impact, your ability to repay, and whether fraud is involved.

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What Is Considered an Overpayment?

An overpayment happens when you receive more disability benefits than you were eligible for. Common causes include:


  • Failing to report income or changes in income
  • Returning to work without notifying the SSA or VA
  • Receiving other government benefits that affect eligibility
  • Changes in marital or living status
  • Administrative errors


Even a small overpayment must be repaid unless you qualify for a waiver.


Is There a Limit to How Much Is Too Much?

There’s no official threshold where an overpayment is considered “too much”—but there are a few important guidelines to keep in mind:


  • Any amount is subject to recovery by the SSA or VA.
  • Larger overpayments (e.g., $2,000 or more) are more likely to trigger a formal repayment plan or investigation.
  • Substantial overpayments could raise red flags for fraud, especially if there was a pattern of non-disclosure or misreporting.


If the SSA or VA believes you intentionally misled them, even a relatively small amount could result in penalties or legal action.


What Happens When You Owe a Large Overpayment?

If the amount is high—whether due to a long period of unreported income or another mistake—you have several options:


  • Request a Waiver: If you can prove the overpayment wasn’t your fault and that repayment would cause financial hardship, the SSA or VA may forgive the debt.
  • Set Up a Payment Plan: You can negotiate monthly payments that fit your budget.
  • Appeal the Overpayment: If you disagree with the overpayment determination, you have the right to file an appeal.


Failing to respond may result in benefit garnishment, tax refund interception, or collection actions.


How to Prevent Overpayments

The best way to avoid a large overpayment is by:


  • Reporting all income promptly
  • Notifying the SSA or VA of changes in work status or living arrangements
  • Keeping records of all communications and submitted documents


Being proactive can help you stay compliant and reduce the risk of future issues.

How Hogan Smith Can Help

At Hogan Smith, we assist clients who are dealing with overpayment notices—whether for a few hundred or several thousand dollars. Our experienced team can help you:


  • Understand how the overpayment occurred
  • File a waiver or appeal on your behalf
  • Negotiate a manageable repayment plan
  • Represent you if you're facing a fraud investigation or benefit suspension

Contact Hogan Smith Today

Don’t wait until the debt becomes overwhelming. If you’ve received an overpayment notice or are concerned about how much you may owe, contact Hogan Smith today for a free consultation. We’ll help you understand your options and take the next steps with confidence.


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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