Social Security overpayment notice - What are my appeal rights after receiving a $7,800 bill?

I went through this last year. You have three options: 1) Request a reconsideration (this is your formal appeal), 2) Request a waiver (if you agree you were overpaid but feel it wasn't your fault and you can't afford to pay it back), or 3) Set up a payment plan. For the appeal, you'll need to fill out form SSA-561-U2 (Request for Reconsideration). Gather any evidence that shows you did report your income correctly - payment stubs, copies of any letters or reports you submitted to SSA, bank statements, tax returns, etc. Submit everything together and keep copies of EVERYTHING. If you can prove you reported properly, they should overturn the overpayment. The process typically takes 3-4 months for a decision.

thats a huge bill! i got one for $1200 last yr and just set up a payment plan. they take like $50 from my check each month. didnt bother with appeal cause seemed like too much hassle

DO NOT IGNORE THIS NOTICE! 60 days goes by faster than you think. Make sure to file that appeal immediately even if you don't have all your documents ready yet. You can submit additional evidence later. I recommend also filing form SSA-632 (Request for Waiver) at the same time as your reconsideration request. This way, if the reconsideration is denied, you already have a waiver request in process. It's a backup plan. And YES - you can request that they continue full benefits during the appeal. You need to specifically ask for this when you file your appeal. If you win, great! If you lose, they'll add whatever they would have withheld to your total overpayment amount.

Thanks everyone for the advice! I called the SSA today and waited on hold for over 2 HOURS only to be disconnected right when someone finally answered. This is so frustrating! Does anyone know if I can submit these forms online or do I have to mail them?

The Social Security appeals process can be challenging but is manageable if you stay organized. Here's what I recommend: 1. Request your file through a Freedom of Information Act (FOIA) request. This gives you access to all the information SSA used to determine you were overpaid. 2. While waiting for the FOIA response, file your Request for Reconsideration (SSA-561-U2). 3. If your income reporting is the issue, gather all evidence: pay stubs, bank statements, letters/emails to SSA, and any certified mail receipts if you mailed documentation. 4. Create a simple timeline of all your interactions with SSA regarding your income reporting. 5. If possible, get a statement from your employer confirming when you started working and how much you earned. During the appeal, you can request that SSA not collect the overpayment until a decision is made. The success rate for overpayment appeals is higher than many people realize, especially when you have documentation.

My neighbor got one of these and ignored it. BIG mistake! They started taking her entire check until it was paid off. Don't do that!

IMPORTANT: If you decide to appeal, remember that the SSA makes TONS of mistakes with overpayments. The system is flawed. I've seen cases where they claimed someone was overpaid when they weren't, or the amount was wildly incorrect. Don't assume their calculations are accurate! Also, if you had any changes in your living situation during the period they're claiming overpayment for (moved in with someone, someone moved in with you, got married/divorced), make sure to mention that. Sometimes overpayments happen because they didn't correctly process a change in your living arrangement that might affect benefit amounts.

One thing to note about overpayment appeals: The most successful strategy depends on whether you're receiving SSI or SSDI. For SSI (Supplemental Security Income), overpayments often relate to living arrangements, unreported resources, or unreported income. These appeals focus on proving your actual living costs, resource levels, or that you properly reported income. For SSDI (Social Security Disability Insurance), overpayments typically involve working above SGA (Substantial Gainful Activity) levels, not reporting work activity, or receiving workers' compensation or other benefits that offset SSDI. These appeals focus on proving your work was below SGA limits or was properly reported. Which benefit type are you receiving? That affects the approach to your appeal.

Based on your situation with SSDI and the Trial Work Period (TWP), here's what you should focus on in your appeal: 1. Verify which months SSA counted as your TWP months (you get 9 within a 60-month period) 2. Check if they correctly calculated your SGA threshold ($1,470/month in 2023 for non-blind individuals) 3. Gather documentation of any Impairment-Related Work Expenses (IRWEs) that should be deducted from your earnings when determining if you exceeded SGA 4. If you had any subsidized employment (where employer pays you more than the actual value of the work), document this as it reduces countable earnings The fact that you mentioned work accommodations is key - those may qualify as IRWEs if they cost you money. This could potentially bring your countable income below the SGA level for some or all of the months in question.

Update: I went to my local SSA office today with the SSA-561 form and all my documentation. The claims representative actually reviewed everything while I was there and found that SSA had incorrectly recorded my work start date! They had me starting 3 months earlier than I actually did, which is why they thought I had used up all my Trial Work Period months. She's submitting a correction along with my formal appeal. I'm cautiously optimistic but still nervous about the outcome. Thanks everyone for your help and advice!