Repaying Social Security overpayment - how to handle tax implications?
I'm in a tough spot and could use some guidance. The Social Security office gave us wrong information about the Windfall Elimination Provision (WEP), which resulted in us getting overpaid for benefits during the last two tax years. They're letting us repay the amount in 36 installments with no interest, which we started paying back in January 2023. Here's my question - we already paid both federal and state income taxes on those overpayments for both years. Is there a way to get those taxes back? Will Social Security send us some kind of form to use when filing our 2023 taxes? Or do we need to file amended returns for those previous tax years? Also, does anyone know a reliable way to contact the IRS about this? Every time I try calling, I just get stuck in their automated system for hours. Any advice would be greatly appreciated!
23 comments


Logan Greenburg
You have a couple of options here. When you repay Social Security benefits that were previously taxed, you can either claim the repayment as an itemized deduction on Schedule A or potentially use something called a "claim of right" adjustment if your repayment exceeds $3,000 in a single year. For the documentation part, you should receive a letter from Social Security (usually Form SSA-1099) that shows the amount of benefits repaid during the year. This will be reflected on your 2023 SSA-1099 that you'll receive in early 2024 for filing your 2023 taxes. If your repayment amounts are substantial, you might actually be better off filing amended returns (Form 1040-X) for the years you received the overpayments. This is particularly true if you were pushed into a higher tax bracket because of those overpayments.
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Charlotte Jones
•Thanks for the explanation but I'm confused about this "claim of right" thing. How do I know if I should do that or just take the deduction? Our repayment is about $4,200 total, so about $1,400 per year in the 36-month plan. Does that matter?
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Logan Greenburg
•The claim of right provision only applies when you repay more than $3,000 in a single tax year. Since your annual repayment amount is around $1,400, you would likely need to use the itemized deduction approach on Schedule A. For the itemized deduction, you'll list the repayment as a miscellaneous itemized deduction not subject to the 2% AGI limitation. Just be aware that for this to benefit you, your total itemized deductions need to exceed your standard deduction, which is quite high under current tax law.
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Lucas Bey
I went through something similar last year with Social Security overpayments related to disability benefits. I spent WEEKS trying to figure out the tax implications. I finally found this AI tool called taxr.ai that helped me understand exactly how to handle it on my taxes. https://taxr.ai saved me so much time because I uploaded the letters from SSA and it explained exactly what I needed to do. The tool showed me that I needed to keep all documentation from Social Security showing the repayment plan and amounts, and then explained the two methods for recouping the taxes. I ended up taking the deduction route since my repayment wasn't large enough for the claim of right provision to be beneficial.
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Harper Thompson
•Did this tool actually work with the Social Security office directly or did you still have to call them yourself? I'm dealing with my mom's overpayment issue and she gets so anxious about these calls.
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Caleb Stark
•Wait, is this just another tax software? I've tried TurboTax and H&R Block and neither seemed to handle this Social Security repayment situation well. How is this different?
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Lucas Bey
•It doesn't work with the Social Security office directly - you'll still need to handle that communication yourself. But it does analyze any documents from them to explain what they mean and what steps you need to take next. This isn't traditional tax software like TurboTax. It's specifically focused on explaining tax documents and situations. It's more like having a tax expert look at your specific documents and explain them in plain English. For complicated situations like Social Security repayments, it was much more helpful than general tax software because it explained the specific forms and options for my situation.
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Caleb Stark
Just wanted to follow up - I tried the taxr.ai tool that was recommended here and it was surprisingly helpful! I uploaded the overpayment notice from Social Security and the tool immediately identified it as a WEP issue (which I didn't even realize was the cause). It gave me step-by-step instructions for handling this on my 2024 taxes. The best part was it showed me that in my specific situation, I would actually benefit more from filing amended returns for the previous years rather than taking the deduction this year. It calculated the difference and showed me exactly how much more I would get back. Definitely worth checking out if you're dealing with this Social Security mess!
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Jade O'Malley
After dealing with a similar Social Security repayment issue, I found that the most frustrating part was actually getting someone at the IRS to answer my questions about how to handle it on my taxes. I must have called 20+ times and never got through. Then someone told me about Claimyr (https://claimyr.com) which gets you to a live IRS agent quickly. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was skeptical but it actually worked! They got me connected to an IRS representative in about 20 minutes when I had been trying for weeks on my own. The agent confirmed exactly how to handle my Social Security repayment on my taxes and explained that I needed to keep all the repayment documentation from SSA for my records.
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Hunter Edmunds
•How does this even work? The IRS phone system is completely broken... are you saying this somehow bypasses their phone queue? That sounds too good to be true.
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Ella Lewis
•Sounds like a scam to me. I doubt any service can actually get through to the IRS faster than just calling yourself. Plus, are they listening to your tax conversations? No way I'm trusting some random company with my sensitive tax info.
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Jade O'Malley
•It doesn't bypass the queue exactly - it uses technology to monitor the IRS phone lines and call continuously until it gets through, then it connects you. Think of it like having someone hit redial for you hundreds of times until they get through. They don't listen to your conversations at all. The service just connects you to the IRS and then drops off the line. They're not on the call once you're connected with the IRS agent, so they never hear your personal tax information. I was skeptical too, but when I needed answers about my Social Security repayment situation, I was desperate enough to try it and it actually worked.
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Ella Lewis
I need to eat my words here. After posting my skeptical comment, my situation with Social Security got worse (they threatened to withhold more of my benefits due to the overpayment). I was desperate so I tried Claimyr anyway. I'm shocked to say it actually worked exactly as described. The service called the IRS for me and got me connected to a real human in about 15 minutes. The IRS agent walked me through exactly how to handle the Social Security repayment on my taxes and confirmed I could use the miscellaneous itemized deduction approach on Schedule A since my annual repayment is under $3,000. They also explained that I'll need to wait for my corrected SSA-1099 form that shows the repayments. For anyone dealing with Social Security overpayments, being able to actually talk to the IRS makes a huge difference in understanding your options.
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Andrew Pinnock
My parents went through this exact thing last year! One thing nobody mentioned yet - the Social Security Administration should send you a letter confirming the overpayment and repayment plan. KEEP THIS LETTER. Also keep records of every payment you make. The SSA-1099 should reflect the repayments, but in my parents' case it was incorrect the first time they sent it. They had to request a corrected form, which delayed their tax filing by over a month.
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Angelica Smith
•Thank you for sharing this! Did your parents end up filing amended returns for the previous years or did they take the deduction on the current year? I'm trying to figure out which approach would be better in our situation.
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Andrew Pinnock
•They actually did both, depending on the tax year. For the larger overpayment year, they filed an amended return because they had been pushed into a higher tax bracket by the extra Social Security income. For the smaller year, they just took the deduction on their current year taxes. Their tax preparer ran the numbers both ways and showed them which method would result in more money back. It turned out that amending the return for the larger year got them about $340 more than just taking the deduction would have.
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Brianna Schmidt
Does anyone know if you need to amend state tax returns separately? We paid state taxes on the overpayment too but I'm not sure if the process is the same as federal.
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Alexis Renard
•Yes, you typically need to file amended state returns separately from federal. Each state has its own form (usually called something like Schedule X or Form IT-X). But don't file your state amendment until after your federal amendment is processed! Otherwise they might not match up and you'll get even more headaches.
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Brianna Schmidt
•That makes sense, thanks for the info. I never thought dealing with Social Security would turn into such a tax nightmare. I'll wait to file the state amendment after the federal one is processed.
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Mateo Rodriguez
I'm dealing with a similar WEP overpayment situation right now and this thread has been incredibly helpful! One thing I wanted to add - if you're having trouble getting clear answers from Social Security about exactly how much you've repaid and what documentation you'll receive, try requesting a "benefit verification letter" from your my Social Security account online. This letter shows your complete payment history and can help you track exactly what you've repaid so far. I found this really useful when trying to figure out if I should amend previous years' returns or take the current year deduction. Having the exact numbers made it much easier to calculate which approach would save me more money. Also, for anyone still struggling with the IRS phone system - I can confirm that calling early in the morning (right when they open at 7 AM) seems to have better success rates than calling later in the day, though it's still frustrating. The automated system is brutal but persistence does sometimes pay off.
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Andre Lefebvre
•This is really helpful advice! I had no idea about the benefit verification letter - I've been trying to keep track of our repayments manually but having an official record would be so much better. I'm going to log into my Social Security account today and request one. The early morning calling tip is gold too. I've been calling in the afternoons when I have time after work, but that's probably when everyone else is calling too. I'll try setting my alarm early tomorrow and calling right at 7 AM. At this point I'm willing to try anything to get through to someone who can give me definitive answers about our tax situation. Thanks for sharing your experience with this whole WEP mess - it's reassuring to know others are dealing with the same complicated tax implications and finding ways to navigate it!
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Andre Moreau
I've been following this thread closely because I'm in a very similar situation - Social Security overpaid me due to incorrect WEP calculations and I'm now repaying through their installment plan. What's been most helpful from reading everyone's experiences is understanding that there are really two main approaches: taking the itemized deduction on Schedule A for the current year, or filing amended returns for the years when you received the overpayments. One thing I wanted to add that hasn't been mentioned yet - if you're married filing jointly and the Social Security overpayment pushed your household into a higher tax bracket in previous years, the amended return approach becomes even more attractive. In my case, the extra Social Security income in 2021 pushed us from the 12% bracket into the 22% bracket for part of our income. By filing an amended return to remove that overpayment, we're getting back taxes that were paid at the higher rate. Also, for anyone still trying to get through to the IRS by phone - I found that calling the practitioner priority line (if you have a tax professional helping you) tends to have shorter wait times. If you don't have a tax pro, some of the online services mentioned in this thread might be worth trying, especially if you're dealing with a time-sensitive situation like I was when Social Security threatened to increase my monthly withholding. The documentation aspect cannot be overstated - I've been keeping copies of everything, including screenshots of my online Social Security account showing the repayment schedule. This has been invaluable when trying to calculate the tax implications of each approach.
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Leo Simmons
•This is exactly the kind of detailed breakdown I was hoping to find! The tax bracket impact you mentioned is something I hadn't fully considered. We're also married filing jointly and I'm wondering if the Social Security overpayment might have pushed us into a higher bracket too. Do you happen to know if there's an easy way to figure out if the overpayment affected our tax bracket in previous years? I'm thinking I should probably pull out our old tax returns and see what our AGI was with and without the Social Security income, but I'm not sure if I'm calculating this correctly on my own. Also, the practitioner priority line tip is interesting - I don't currently have a tax professional, but given how complicated this whole situation is becoming, it might be worth hiring one just to get access to that line and their expertise on whether to amend or take the deduction.
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