Appeal – If you were not actually overpaid, or if the amount is wrong:
You should file an appeal called Reconsideration if you think Social Security is wrong about the facts. For example:
- Social Security says you got money that you didn’t actually get.
- The amount that Social Security says you were overpaid is wrong.
- Social Security says you were working, but you weren’t.
- Social Security says you had resources that you did not have.
- Social Security says someone was paying for your rent or food, but that is not true.
You MUST file a reconsideration appeal within 65 days from the date on the Notice of Overpayment. You can keep getting your SSI payment while Social Security makes a decision if you file the form within 35 days.
To ask for reconsideration, fill out and file Form SSA-561 with Social Security. On the form, explain why you think you weren’t overpaid.
If Social Security denies your request for reconsideration, you can ask for a hearing in front of an Administrative Law Judge (ALJ). Fill out and file Form HA-501 with Social Security. You must ask for the hearing within 65 days from the date on the reconsideration denial letter unless you have good cause for being late (for example, you were in the hospital).
Waiver – If you were overpaid, but it was not your fault:
If you think the overpayment is not your fault, you can ask for a waiver. There is no deadline to file a waiver. Once you file a waiver, Social Security should stop taking money out of your SSI check while they make a decision. You will probably have to ask them about this—it is not automatic.
IMPORTANT NOTE: You can file a both Request for Reconsideration and a waiver. You still have to file the Request for Reconsideration within 65 days from the date of the notice. If you file for both reconsideration and a waiver at the same time, Social Security will make a decision about the reconsideration appeal before they look at the waiver.
- If the amount of the original overpayment was less than $1,000, you can ask for an Administrative Waiver at a Social Security office without filling out a waiver form. If the office agrees that the overpayment was not your fault, they can waive the overpayment. You should go to your local Social Security Office to ask someone about this.
- If the amount of the overpayment was more than $1,000, fill out and file Form SSA-632-BK with Social Security. Fill out just the first part on the form and explain why the overpayment was not your fault. Ask for a waiver of the entire overpayment amount, not just whatever is left. You should include any evidence you have that proves the overpayment is not your fault, especially documents that show you reported any changes to your information on time. Note that you should not have to fill out the budget part of the waiver form if you are still eligible for SSI.
The rules about overpayments and what might not be your fault can be complicated. For more information, call Statewide Legal Services at 860-344-0380 (Central CT) or 1-800-453-3320 (all other areas in Connecticut).
If Social Security denies your waiver, you have the right to appeal the decision. To appeal, fill out and file Form SSA-561 with Social Security. On the form, explain why you disagree with the waiver denial. You must file the appeal within 65 days from the date of the waiver denial letter.
Payment Plan—If the overpayment was your fault or your waiver was denied:
If you cannot afford for Social Security to take 10% of the SSI amount out of your check every month, you can use Form SSA-634 to show you can’t afford the payment and ask to set up a payment plan. The minimum amount Social Security can take out of your check in 2019 is $10.