What happens if I am overpaid disability benefits?

By Hogan Smith

Updated 05/22/2025


Receiving an overpayment of disability benefits means that the Social Security Administration (SSA) or the VA has paid you more money than you were entitled to receive. This can happen for a variety of reasons, such as changes in your income, work status, or administrative errors. Understanding what happens next and how to handle it is important to avoid further issues.

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1. Notification of Overpayment

If the SSA or VA determines you were overpaid, they will send you a formal notice explaining:


  • The amount of the overpayment
  • The reason for the overpayment
  • Your rights and options to respond


It is critical to read this notice carefully and respond within the specified time frame.


2. Repayment of Overpaid Benefits

You will generally be required to repay the overpaid amount. The agency may:


  • Deduct money from future benefit payments in monthly installments
  • Request a lump-sum repayment
  • Work with you to set up a repayment plan if you cannot pay all at once


Ignoring the overpayment notice can lead to increased collection actions, including wage garnishment or offsetting other federal benefits.


3. Requesting a Waiver or Appeal

If you believe the overpayment was not your fault or that repayment would cause financial hardship, you can:


  • Request a waiver of the overpayment. The SSA or VA will review your case to determine if forgiving the debt is possible.
  • Appeal the overpayment decision if you think it is incorrect.


To be successful, you’ll need to provide clear evidence supporting your claim.


4. Consequences of Ignoring Overpayment

Failing to address an overpayment can result in:


  • Reduction or suspension of your current benefits
  • Referral to collections agencies
  • Possible legal actions


It’s best to address the situation promptly to avoid these complications.

How Hogan Smith Can Help

Dealing with overpaid disability benefits can be confusing and stressful. Hogan Smith can assist you by:


  • Reviewing your overpayment notice and explaining your rights
  • Helping you request a waiver or file an appeal
  • Negotiating repayment plans on your behalf
  • Providing ongoing support to protect your benefits

Contact Hogan Smith Today

If you’ve received an overpayment notice or are concerned about disability benefits repayment, contact Hogan Smith for a free consultation. We’ll help you understand your options and work to resolve the issue fairly and efficiently.


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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