Social Security overpayment discrepancy - Can I file for Reconsideration after already submitting Waiver request?
I'm in a mess with Social Security over an alleged overpayment of $5,890. When I first got the notice last month, I panicked and followed the advice of someone at my local SSA office who suggested I just file for a Waiver. Now I'm realizing that was probably a mistake. After looking more closely at their calculations, I'm convinced the numbers are actually wrong. There's a 4-month period where they claim I was working above SGA, but my records show I was well below the threshold. I have all my pay stubs to prove it. My question is: Can I still file for a Request for Reconsideration even though I've already submitted a Waiver request that's still pending? I'm worried I messed up by skipping the reconsideration step. The waiver decision hasn't come through yet, but I'm nervous they'll deny it and then I'll have missed my chance to challenge the actual calculation. Has anyone dealt with something similar? I'm kicking myself for not understanding the process better from the start!
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Clay blendedgen
Yes, you absolutely can (and should) still file a Request for Reconsideration! The fact that you already filed for a Waiver doesn't prevent you from also requesting reconsideration, especially if you believe the overpayment calculation itself is incorrect. The two processes serve different purposes: 1. Reconsideration - challenges that an overpayment occurred or challenges the amount 2. Waiver - accepts the overpayment occurred but asks SSA to forgive repayment I'd suggest filing the Request for Reconsideration (Form SSA-561) immediately with copies of your pay stubs clearly showing your earnings were below SGA during those disputed months. You have 60 days from receiving the overpayment notice to file, but they may grant extensions for good cause if you're outside that window. Don't withdraw your waiver request though - keep that as a backup option if the reconsideration doesn't go your way.
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Mary Bates
•Thank you so much! This makes me feel better. I'm still within the 60-day window (just barely - about 8 days left). I'll download that Form SSA-561 today and submit it with my pay stubs. Should I mention in the reconsideration that I already have a waiver pending, or just keep them separate?
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Ayla Kumar
same exact thing happened 2 me last yr. the ssa claimed i got overpaid by like $4200 but it turned out they had the wrong dates for when i went back to work. definitely do the reconsideration!!!! i tried just doing waiver at first to and got denied. wish id done reconsider sooner
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Mary Bates
•Oh no, that's exactly what I'm afraid of! Did you eventually get it sorted out? Was it hard to file for reconsideration after the waiver was denied?
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Ayla Kumar
•yea i finally got it fixed but took almost 5 months. the problem was the 60 day window was gone by then so i had to explain why i was late. big headache. do your reconsideration NOW while ur still in the window!!
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Lorenzo McCormick
THIS IS EXACTLY WHY I HATE DEALING WITH SSA!!! They DELIBERATELY give bad advice at the field offices to trick people into not appealing properly. I'm convinced they do this on purpose to collect more money. I had a similar situation with my disabled son's benefits where they claimed an $8,700 overpayment and the rep PUSHED me to just request a waiver instead of explaining all my options. Luckily I had a friend who works as a benefits counselor who told me to ALWAYS file for reconsideration first when you believe the facts are wrong. The waiver has a much lower approval rate and should be your LAST resort, not your first!
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Carmella Popescu
•While I understand your frustration with SSA, I don't think it's deliberate misinformation. Most field office staff are just overwhelmed and undertrained on the nuances. Requests for Reconsideration require more intensive review work for them, so some reps might suggest waivers first simply because they process differently. That said, you're absolutely right that reconsideration should be the first step when the facts are in dispute. Waiver requests don't address calculation errors - they only determine if you should have to pay back an amount that's assumed to be correct.
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Kai Santiago
My sister-in-law works for Social Security and she always says people mix these up. Reconsideration = "your facts are wrong" and Waiver = "your facts are right but I shouldn't have to pay". You need the first one based on what you described with the earnings.
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Lim Wong
I've been through both processes, and I found it helpful to call the Social Security helpline to get guidance... oh wait, who am I kidding? I spent HOURS trying to reach someone at SSA and kept getting disconnected or stuck on hold forever. It was absolutely maddening. Eventually I discovered Claimyr (claimyr.com) which got me connected to an actual SSA agent in under 10 minutes. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU The agent I spoke with confirmed I could file both a reconsideration and waiver simultaneously. They actually recommended it in my case since I was disputing part of the overpayment amount but was willing to accept responsibility for a smaller portion. Saved me weeks of stress!
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Mary Bates
•Thank you for suggesting this! I've been trying to call them for days with no luck. Always get the "we're experiencing high call volume" message and then a disconnect. I'll check out that service - getting actual guidance from SSA would be so helpful right now.
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Dananyl Lear
dont they have a time limit for filing reconsideration? like 2 months or something? better hurry up
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Clay blendedgen
•Yes, the standard deadline is 60 days from receiving the overpayment notice. The OP mentioned they still have about 8 days left within that window, so they should be fine if they submit quickly. Even if someone is beyond the 60 days, SSA can accept late reconsideration requests if you can show "good cause" for missing the deadline.
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Ayla Kumar
just wondering but what does SGA mean? u mentioned it about ur work
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Carmella Popescu
•SGA stands for Substantial Gainful Activity. It's the earnings threshold Social Security uses to determine if someone on disability (SSDI) is working too much to continue receiving benefits. For 2025, the SGA amount is $1,550 per month for non-blind individuals and $2,590 for blind individuals. If your countable earnings average above these amounts, SSA may determine you're no longer disabled under their rules.
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Mary Bates
Update: I went ahead and submitted my Request for Reconsideration today with copies of all my pay stubs. The representative at the field office initially gave me a hard time about having a waiver already pending, but when I explained I was disputing the calculation itself, she finally accepted it. Now I'm just anxiously waiting. Thank you all for your advice!
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Clay blendedgen
•Great job! That was absolutely the right move. Make sure you keep copies of everything you submitted, and get a receipt if possible. Reconsiderations can take 2-3 months to process, so don't panic if you don't hear anything right away. If they start making deductions from your benefits before the reconsideration is complete, you can request that they temporarily stop the collection while your appeal is pending.
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Kai Santiago
I went thru something like this but with Medicare premiums that they said I owed from 3 years ago?? I found out that if you request reconsideration they are supposed to pause collecting the overpayment until they make a decision. You might need to specifically ask for this though, they don't volunteer it!
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