Tax Refund Offset for Social Security Overpayment - Fighting Back?

Yes, this is unfortunately common. Social Security Administration (SSA) can and will intercept tax refunds for overpayments through the Treasury Offset Program (TOP). I've seen this happen a lot since January 2024 when they ramped up collection efforts. You should have received a Notice of Intent to Offset at least 60 days before the offset occurred - it would have been sent around December 2023 or January 2024. If you didn't receive this notice, that's your first point to challenge. You have the right to request a review of the alleged debt, and in some cases, you can request a waiver if repayment would cause financial hardship. The process is frustrating as hell because SSA and Treasury don't communicate well with each other.

When I had my refund offset for SSA overpayment last year, I spent 4 days trying to reach someone at SSA. According to ssa.gov/manage-benefits/contact-us, their average wait time is 35 minutes, but I was on hold for 2+ hours each time before getting disconnected. I finally used Claimyr (https://www.claimyr.com) to get through to an agent in about 15 minutes. They can't fix the issue immediately, but they'll tell you exactly what documentation you need and where to send it. The agent I spoke with even gave me her direct extension for follow-up. Worth the fee to avoid days of frustration and hold music.

I'm so sorry you're going through this situation again. It might be helpful, if you don't mind sharing, to know what kind of Social Security benefit was involved? Was it perhaps SSI or SSDI or regular retirement benefits? The reason I ask is because each type of benefit might have slightly different appeal processes, though they're all generally handled through the same offices. Also, did you perhaps receive a Notice of Overpayment before the offset notification? Sometimes these notices get lost in the mail or might have been sent to an old address.

I'm in a similar situation... not sure if my refund will be taken yet. I used https://taxr.ai to analyze my tax transcript and it showed a pending offset code. The site explained exactly what the code meant and that I probably wouldn't see my refund. It also showed me which specific form to file to dispute the offset. Might be worth checking your transcript if you haven't already. I'm preparing my dispute paperwork now based on what I learned.

I have some questions about your situation that might help us give better advice: • Did you receive a Notice of Intent to Offset letter before this happened? • Have you contacted the SSA yet about this specific offset? • Do you know if this is related to the same overpayment issue from 2021 or a new one? • Did you file for a waiver of overpayment recovery (Form SSA-632)? The approach might be different depending on these factors.

According to the Social Security Administration's Program Operations Manual System (POMS) section SI 02220.012, you have the right to request a waiver of the overpayment. In my case, I received a similar offset in 2023 and submitted Form SSA-632 "Request for Waiver of Overpayment Recovery." This form allows you to demonstrate that 1) the overpayment wasn't your fault and 2) repayment would cause financial hardship. Per 20 CFR § 404.506, if you request a waiver, collection efforts should pause while your request is being evaluated. I had to explicitly cite this regulation when I called because the first representative wasn't aware of this requirement.

This happened to me. February 2023. Full refund taken. $4,782. No warning. Called SSA. Waited 3 hours. They said I was overpaid in 2020. Disputed it. Filed Form SSA-561. Provided bank statements. Took 5 months. Got money back in August. Keep all documents. Be persistent. Call weekly. Ask for supervisors. Document every call.

I successfully fought an SSA offset last year! The key was requesting an in-person appointment at my local SSA office instead of trying to handle it by phone. Doesn't everyone say the phone system is impossible? I brought all my documentation showing their calculation error, and the local officer was actually helpful. She identified that they had counted the same income twice in their system. Had my refund back in about 6 weeks after the meeting. Could you try getting an in-person appointment?

I went through this nightmare in 2022 and it took 7 months to resolve. Here's what I learned: First, immediately request all records related to your case using Form SSA-L725 (Request for Social Security Administration Records). This forces them to provide documentation of how they calculated the alleged overpayment. Second, if you haven't already, file Form SSA-561 (Request for Reconsideration) within 60 days of the offset notice - this is critical for preserving your appeal rights. Third, document everything with dates and reference numbers. I kept a spreadsheet of every call, every person I spoke with, and what they told me. The breakthrough came when I discovered they had applied payments to the wrong account number (mine vs. someone with a similar name). Without that paper trail, I never would have caught their error. Don't give up - these offsets can absolutely be overturned when SSA makes mistakes.

I'm dealing with a similar situation right now and this thread has been incredibly eye-opening! I had no idea about the Treasury Offset Program until my refund disappeared last month. What's really frustrating is that I never received any advance notice - the first I heard about it was when I checked "Where's My Refund" and saw it had been offset. Based on what everyone's sharing here, it sounds like I should have received a Notice of Intent 60 days prior, but I definitely didn't get anything. I've been putting off calling SSA because I've heard horror stories about the wait times, but it seems like there's no way around it. Has anyone had success disputing the lack of proper notice? It feels like if they didn't follow their own procedures for notification, that should be grounds for getting the offset reversed, right?

I'm going through this exact same nightmare right now! My $3,200 refund was intercepted last month for an alleged SSA overpayment from 2019 that I thought was already resolved. The most infuriating part is that I moved twice since then and never received any of the notices people are mentioning here. I've been reading through everyone's experiences and it's both helpful and terrifying - helpful because now I know what forms to file (SSA-561 and SSA-L725), but terrifying because it sounds like this could drag on for months. I'm a single parent and was planning to use that refund for my daughter's school expenses and car repairs. Has anyone had success getting emergency relief or expedited processing when financial hardship is involved? I can't afford to wait 5-7 months like some of you had to. Also, for those who got their money back - did you receive any interest or compensation for the time your money was held incorrectly?

I'm really sorry to hear you're going through this again, Carmen. The Treasury Offset Program can be incredibly frustrating to deal with, and it's disheartening that you had to fight this battle before in 2021. Based on what others have shared here, it sounds like there are several steps you can take right away. First, definitely check if you received that Notice of Intent to Offset that should have been sent 60 days prior - if you didn't get it or it went to an old address, that's a strong point in your favor. I'd recommend filing Form SSA-561 (Request for Reconsideration) as soon as possible to preserve your appeal rights, and also consider Form SSA-632 if you can demonstrate financial hardship. The fact that you successfully resolved this once before shows you know how to navigate the system, even though it shouldn't be this difficult. Document everything this time around - every call, every form submitted, every person you speak with. It's awful that families have to go through this stress when they're counting on their refunds for essential expenses. Hang in there and keep fighting - you've got this!