How to dispute a disability overpayment?
By Hogan Smith
Updated 04/17/2025
Receiving a notice of disability overpayment from the Social Security Administration (SSA) can be stressful — especially if you believe it’s incorrect. Fortunately, you have the right to dispute the overpayment. Taking action quickly and following the proper steps can help protect your benefits and avoid unnecessary financial hardship.
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What Is a Disability Overpayment?
A disability overpayment happens when the SSA claims it paid you more benefits than you were entitled to. This can occur due to:
- Changes in income or living situation
- Improvement in your medical condition
- Return to work without proper reporting
- Administrative or calculation errors
Can You Dispute an Overpayment?
Yes. If you believe the overpayment is incorrect or unfair, you can challenge the SSA’s decision by filing an appeal or requesting a waiver.
Steps to Dispute a Disability Overpayment
Review the Notice Carefully
The SSA will send a written notice explaining:
- The amount of the overpayment
- The reason for it
- Your options for appeal or repayment
Read the letter thoroughly so you understand the issue.
Decide How You Want to Respond
You typically have two main options:
- Request Reconsideration (Appeal)
If you disagree with the SSA’s claim — either the amount or the fact that you were overpaid at all — you can file Form SSA-561, the Request for Reconsideration. You must do this within 60 days of receiving the notice. - Request a Waiver
If the overpayment wasn’t your fault and you can’t afford to pay it back, you can request a waiver using Form SSA-632-BK. If granted, you won’t have to repay the overpayment.
👉 Note: You can file both a reconsideration and a waiver if you disagree with the overpayment and can’t afford repayment.
Submit Supporting Documents
Include any relevant documents, such as:
- Bank statements
- Pay stubs
- Medical records
- Written statements
This evidence can support your appeal or waiver request.
Continue Receiving Benefits
If you file your appeal within 10 days of the notice, the SSA will usually not reduce or stop your payments while they review your case.
What Happens After You File?
- The SSA may request an informal or formal hearing
- You’ll receive a written decision after their review
- If denied, you can appeal further to an Administrative Law Judge (ALJ)
How Hogan Smith Can Help
At Hogan Smith, we understand how overwhelming disability overpayments can be. Our experienced team can:
- Review your overpayment notice and explain your options
- Help you file a strong appeal or waiver request
- Represent you at hearings and ensure your voice is heard
- Work to stop collections while your case is pending
Contact Hogan Smith Today
Don’t deal with a disability overpayment alone. Whether you're disputing the amount or seeking a waiver, contact Hogan Smith for a free consultation. We’ll guide you through the process and fight to keep your benefits in your pocket — where they belong.
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