How Do I Prove that a Social Security Overpayment was Not My Fault?

If Social Security has sent you an overpayment notice, you have some options. You can request reconsideration or you can request an overpayment waiver or you can do both. Learn more about your options here: How To Handle a Social Security Overpayment Notice

In order to be eligible for a reconsideration, appeal, or waiver, you will need to show that the overpayment was not your fault. Here’s some ideas for how to do that.

If you correctly followed all the policies:

💮 If you followed all the policies, enclose any written documentation you have showing that you correctly reported everything to Social Security. What Do I Need to Report to Social Security?

💮 If you don’t have copies of documents you signed or sent in, you may be able to request copies by calling or visiting your local office (assuming they were not lost).

💮 If you can’t get proof, all you can do is explain your intentions and hope for the best. It’s possible that anything you reported is already in their files.

If you did not follow the policies:

💮 If you were unable to follow or understand the policies because of your disabilities (or because of side effects from meds), enclose a letter from your doctor verifying problems with memory/focus/concentration or ability to follow directions.

💮 If you were unable to follow the policies because you were in the hospital or other emergency circumstances, enclose written proof of this.

💮 If you were simply unaware of the policies, all you can do is explain your intentions and hope for the best.

If something else happened:

💮 If Social Security made a mistake that had nothing to do with your actions, and you did not realize this was happening, you don’t need to prove that it was not your fault.

💮 If you were aware that you were being paid too much, and you did not chose to return the money, Social Security may consider that you should return the money now. Even if the mistake was theirs.

Other issues:

In addition to showing it was not your fault, they will look at these issue:

💮  For an appeal – Is Social Security wrong when they say that you owe this money? Do you think you were never actually overpaid and that all your checks were correct? If possible, it would be helpful if you can enclose a copy of the policy that you think they broke.

💮  For a waiver – Are you too poor to pay the money back? The overpayment application will ask for details on your income and expenses. You chances of success will be greater if you can show that having your check reduced, means that you will not be able to meet your basic living expenses (rent, food, utilities, medical care, disability-related expenses).

Got Questions? Need Help?

Some legal aide programs provide free assistance with overpayment issues. Start by contacting your local nonprofit legal aid center

Here’s a list of people who can answer your Social Security questions.

If Social Security has made a mistake, broken a policy or lost your paperwork, contacting your congressperson can be especially helpful.

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Thanks for Reading

🌷 This page is part of the free online guide: Everything No One Ever Tells You About Living on Social Security Disability

🌷 Learn more about your options here: How To Handle a Social Security Overpayment Notice

🌷 Art on this page by Robin Mead and Elizabeth D’Angelo.

🌷 Page Updated: 8/1/19

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