Receiving a letter from Social Security indicating you have received too much money for disability benefits, or that your benefits will cease can be a scary time. Sometimes Social Security informs beneficiaries were “overpaid” thousands of dollars, so when Social Security wants its money back most people don’t know where to turn.
Understanding overpayments and Social Security’s policy regarding the waiver process on overpayments can be valuable information. Below is Social Security’s outline of the waiver request policy.
Policy For Overpayment Waiver Requests
Technicians must make all SSI overpayment waiver decisions through the Modernized Supplemental Security Income Claims System (MSSICS) via Direct Supplemental Security Record (SSR) Update.
- When we will waive an overpayment
We waive the recovery of an overpayment only if the liable recipient is without fault in causing the overpayment, and recovery or adjustment would:
- Defeat the purpose of Title XVI of the Act; or
- Be against equity and good conscience; or
- Impede effective or efficient administration of Title XVI of the Act because of the amount involved.
- Actions following a waiver request
If you cannot make the waiver determination within 10 days of the waiver request date you must:
- Stop all recovery or adjustment actions.
- Refund the amount recovered in the month the recipient filed the request for waiver and any subsequent months.
Fax all pertinent evidence the recipient provided, or that you obtained while developing the waiver into the electronic file.
Do not refund any funds we collected for months(s) before the month the FO received the waiver request.
Do not refund payments withheld if we have made another collect decision (i.e., different period of overpayment) or the recipient has an unresolved overpayment.
