What are the consequences of overpayment?
By Hogan Smith
Updated 04/22/2025
Receiving an overpayment notice for disability benefits can be stressful—and the consequences can be serious if not handled promptly. Whether from the Social Security Administration (SSA) or the Department of Veterans Affairs (VA), overpayments can result in repayment demands, withheld benefits, or even legal action.
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Potential Consequences of Overpayment
Repayment Obligation
The most immediate consequence is that you’ll be required to repay the overpaid amount. This can be a lump sum demand or an automatic deduction from your future benefits.
- For Social Security recipients, the SSA typically withholds your full benefit until the debt is paid—unless you set up a different arrangement.
- For VA disability recipients, the VA may reduce your monthly benefits or offset the amount from other VA-related payments.
Benefit Withholding
Both SSA and VA can withhold future benefits to recover the overpaid amount. This can lead to financial hardship if you rely heavily on your monthly payments.
Interest and Penalties
If the overpayment isn’t resolved or disputed in a timely manner, interest or administrative fees may be added to the amount owed.
Wage Garnishment or Tax Refund Offsets
In cases where benefits are no longer being paid, or repayment arrangements haven’t been made, agencies may:
- Garnish your wages
- Offset your federal or state tax refunds
- Intercept your Social Security retirement or disability benefits (if applicable)
Credit Reporting or Legal Action
If the debt remains unpaid, your account may be sent to collections. In rare cases, you could face legal action or have the overpayment reported to credit agencies, potentially impacting your credit score.
How to Avoid or Mitigate These Consequences
- Act quickly: Respond to the overpayment notice right away. You have the right to appeal or request a waiver.
- Set up a payment plan: If repayment is unavoidable, request a reasonable repayment plan that works with your budget.
- Keep documentation: Always keep records of income changes, updates to your medical condition, or communications with SSA or VA to help defend your case.
How Hogan Smith Can Help
At Hogan Smith, we know that overpayments can put a heavy burden on you and your family. Our experienced team can help you:
- Dispute inaccurate overpayment claims
- File appeals or request waivers to reduce or eliminate the amount owed
- Set up manageable payment plans
- Protect your benefits from unnecessary interruption
Contact Hogan Smith Today
If you’ve received an overpayment notice—or are worried about potential consequences—reach out to Hogan Smith today. We offer free consultations and are ready to defend your rights and guide you through the process. You don’t have to face it alone—let us help you protect what you’ve earned.
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