What are the steps to take if I receive a notice of overpayment from the Social Security Administration in California?
If you receive a Social Security overpayment notice, you must act quickly to appeal the decision, request a waiver, or arrange a repayment plan. Here are the steps to take:
Step 1: Review the Notice Immediately
Read the notice carefully to understand why the Social Security Administration (SSA) believes you were overpaid, the amount of the overpayment, and the specific deadlines for your response. Do not ignore this notice.
Step 2: Decide How to Respond
You generally have two options. You can file an appeal if you believe you were not overpaid. Or, you can request a waiver if you agree you were overpaid but believe it was not your fault and you cannot afford to pay it back. You must act within 60 days of the date on the notice to protect your rights.
Step 3: File a Request for Reconsideration (Appeal)
If you disagree with the overpayment, file a Request for Reconsideration (Form SSA-561). You must file this within 60 days of receiving your notice. If you file within 30 days, you can ask that your benefits continue at their normal level during the appeal process. You can submit the form online, by mail, or at your local SSA office.
Step 4: File a Request for Waiver
If you cannot afford to pay the money back and the overpayment was not your fault, file a Request for Waiver of Overpayment Recovery (Form SSA-632). You will need to provide detailed information about your income, expenses, and assets to prove that repayment would cause financial hardship.
Important details and nuances:
Under federal law, to get a waiver approved, you must show you are "without fault" in causing the overpayment and that repaying it would be "against equity and good conscience" (meaning you need the money for ordinary living expenses). While California law (CCP 704.080) protects Social Security funds in your bank account from most private creditors, the SSA can still recover an overpayment by reducing your future benefit checks.
Warnings and limitations:
If you ignore the notice, the SSA will begin collecting the debt automatically, typically by withholding a portion or all of your monthly benefit payment. They may also seize your federal tax refunds through the Treasury Offset Program. Always meet the deadlines listed in your notice.
This is general information and does not constitute legal advice. For complex situations or large overpayment amounts, you should consult with a qualified attorney specializing in Social Security law.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Social Security
Benefits, disability claims, and retirement planning
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