If you think the Social Security Administration has made a mistake in asking you to pay money back, or you think the amount is too much, you should consider appealing. Even if you agree that the agency overpaid you, and you agree that the amount is correct, you also have the right to request a waiver. These are two separate things, and you have to fill out separate forms with the agency to do both. Call the agency at its toll-free number, 1-800-772-1213, or go to a local office. You should act quickly. Read the overpayment notice carefully because it explains the limited time you have to appeal.
When do I have a right to a waiver?
The Social Security Administration should approve your request not to pay money back if: (1) You were without fault in making the overpayment happen, and (2) Adjustment or repayment would be unfair in some way or the overpaid amount is very small.
The agency should find you "without fault" if: (1) Your medical problems or disability kept you from understanding your responsibilities or the agency's rules (for example, you had a mental or emotional condition that affected your memory or understanding); (2) You did not know about the facts leading to the overpayment (for example, someone else was your payee and responsible for handling your money); or (3) Someone gave you wrong information. Other things may also show that you were "without fault."
The agency should decide that making you pay the money back is unfair if: (1) The money was really received by a husband or wife that you were not living with at the time; (2) You would not be able to pay for food, clothing, medical care, or other necessary expenses if you had to pay the money back; or (3) In receiving and relying on the money, you changed your position for the worse or gave up a valuable right. Other things may also make repayment or adjusting unfair.
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