Overpayment of Gov't Benefits

You always have the right to ask that Social Security waive an overpayment and let you keep it. Social Security calls this a "Waiver of Recovery."

Your chances of succeeding depend on the amount of the overpayment and the reason for it.

The regulations state that Social Security may grant a Waiver of Recovery if:

• The person who is liable for repayment is without fault, and
• Recovery or adjustment would defeat the purpose of the program involved or would be against equity and good conscience

If you receive money from the Supplemental Security Income program, Social Security may grant waiver of repayment if repayment would work against the efficient or effective administration of the program because of the small amount involved.

NOTE: Request a waiver of recovery only if you agree that there was an overpayment. If you believe the money you received was not an overpayment, then you would first use the form that indicates you disagree that there was an overpayment. (See Overpayment Forms To Use.) If you lose, consider Social Security: Appeals.

The form to use to apply for a waiver is SSA-632-BK (4-91) "Request for Waiver of Overpayment Recovery or Change in Repayment Rate."

• The purpose of the form is to attempt to discover just why the overpayment was made in the first place and how much of a hardship repayment of the overpayment will cause you.
• The form is available at http://www.ssa.gov/online/ssa-632.pdf .
• We explain questions from the form at SSA-632-BK.

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