When a recipient of SSI or SSA benefits receives more benefits than entitled, Social Security will demand repayment of the overpayment.  If the recipient appeals the decision within 60 days, she can contest the original basis for the overpayment (such as excess income or resources).

If the appeal time frame is not met, the recipient can still request a waiver of the overpayment.  To obtain a waiver the recipient must demonstrate:

• no fault in the overpayment and

• recovery of the overpayment would be against equity and conscience (it would leave the recipient with too little income to make ends meet).

Social Security will automatically waiver overpayments of less than $500.

Below are POMs sections and a Social Security Ruling on overpayments:

Pre-recoupment Review     Overpayment - Reconsideration     Adjustment of Benefits Due the Overpaid Individual

Adjustment of Benefits Due Other Than the Overpaid Individual    Request for Waiver - $500 Tolerance

SSI Overpayment - Basic Requirements     Meaning of the Term "Against Equity and Good Conscience" AR 92-5(9)  

Recovery of SSI overpayments from Title II