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.


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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