What are the consequences of disability overpayment?

By Hogan Smith

Updated 04/17/2025


If you receive more Social Security Disability benefits than you’re entitled to, the Social Security Administration (SSA) considers it an overpayment — and they will seek to recover that money. Overpayments can happen for various reasons, and if not addressed properly, they can lead to serious consequences.



Here’s what you need to know if you’re dealing with — or trying to avoid — a disability overpayment situation.

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What Triggers a Disability Overpayment?

Overpayments often result from:


  • Unreported income or work activity
  • Changes in living arrangements or marital status
  • Receiving other government benefits
  • Improper calculations by the SSA
  • Failing to report improvements in your medical condition


Consequences of Disability Overpayment

Here’s what can happen if the SSA determines that you’ve been overpaid:


Repayment Demand

You will receive an official notice from the SSA that includes:


  • The amount overpaid
  • The reason for the overpayment
  • Instructions for how and when to repay


You’ll typically be given 30 days to respond before the SSA begins collection efforts.


Benefit Withholding

If you don’t repay the amount promptly or arrange a payment plan, the SSA can withhold part or all of your monthly disability checks until the full amount is recovered.


Garnishment of Wages or Tax Refunds

In more serious cases, the SSA may:


  • Garnish your wages
  • Intercept your federal tax refund
  • Use other collection methods authorized by federal law


Interest and Penalties

If the overpayment is not addressed in a timely manner, the SSA may add interest to the debt or apply penalties, increasing the total you owe.


Damage to Your Credit

In rare cases, if the debt is sent to collections, it could impact your credit score, making it harder to secure loans, housing, or credit cards.


Legal Consequences for Fraud

If the SSA believes the overpayment was the result of intentional misrepresentation or fraud, they may pursue:


  • Civil penalties
  • Criminal charges
  • Possible jail time


This is rare, but it underscores the importance of honest and timely reporting.

How Hogan Smith Can Help

Facing a disability overpayment can be intimidating — but you don’t have to go through it alone. Hogan Smith can:


  • Help you understand your overpayment notice
  • Assist with filing a waiver if repayment would cause hardship
  • Guide you through the appeals process if the overpayment is incorrect
  • Negotiate a repayment plan that works for you

Contact Hogan Smith Today

If you're dealing with a disability overpayment or facing consequences from a recent notice, contact Hogan Smith for a free consultation. We’re here to help you keep what you’ve rightfully earned — and move forward 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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