How to dispute a Social Security overpayment notice?
By Hogan Smith
Updated 05/22/2025
Receiving a Social Security overpayment notice can be stressful, but you have the right to dispute the claim if you believe it is incorrect. Understanding how to properly challenge the notice is crucial to protect your benefits.
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Step 1: Review the Notice Carefully
When you get an overpayment notice, read it thoroughly. It will explain:
- The amount the SSA says you were overpaid
- The reason for the overpayment
- Your options for repayment or appeal
Make sure all the information is accurate, including dates, amounts, and your personal details.
Step 2: Gather Supporting Evidence
To dispute the overpayment, you need to provide evidence that supports your case. This might include:
- Proof of income or work activity during the period
- Medical records or disability documentation
- Correspondence with SSA or other agencies
The more detailed your evidence, the stronger your dispute.
Step 3: Request a Reconsideration
You must formally request a reconsideration of the overpayment decision. This means the SSA will review your case again.
- Submit your request within 30 days of the notice date
- Include all supporting documents
- Explain why you believe the overpayment is wrong or unjust
Step 4: Consider Requesting a Waiver
If the overpayment is correct but you believe repayment would cause financial hardship or it was not your fault, you can request a waiver.
- Provide detailed financial information
- Explain circumstances that led to the overpayment
- Demonstrate how repayment would affect your ability to pay for basic needs
Step 5: Prepare for Further Appeals
If your reconsideration or waiver request is denied, you can appeal to:
- An Administrative Law Judge (ALJ)
- The Appeals Council
- Federal court (as a last step)
Be prepared to present your case clearly and with strong evidence.
How Hogan Smith Can Help
Disputing an overpayment notice can be complex and time-sensitive. Hogan Smith can:
- Help you understand your rights and options
- Assist in gathering and organizing evidence
- Represent you during reconsiderations and appeals
Contact Hogan Smith Today
If you have received a Social Security overpayment notice and want to dispute it, contact Hogan Smith for a free consultation. We’ll help you navigate the process and protect your benefits.
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