Can SS withhold your pension for an overpayment even though you have not had a personal conference? SS has withheld my pension since Nov. 2021.I finally had a personal conference onJuly12,2022..My request for waiver was denied..Is “ not against equity and good conscience “extremely subjective on the part of the person conducting the conference.My next step is to request a hearing from a judge.I don’t know if I have the strength to do it.

Hi. Not if you filed a timely request for appeal or waiver. Social Security is supposed to give you 60 days from the date of an overpayment notice before initiating recovery by withholding benefits. If you appeal or file for waiver of the overpayment during the 60 day period, recovery of the overpayment should not be initiated until a determination is made on your request. If you file for waiver and if the waiver request is disallowed, then Social Security is supposed to notify you of your right to a personal conference. And, if you request a personal conference then Social Security is supposed to defer any overpayment recovery actions until the personal conference decision is made.

Once you've had a personal conference, if there is still an overpayment then Social Security can initiate recovery even if you pursue a further appeal. However, you can ask Social Security to withhold a lower monthly amount from your benefits if hardship is involved.

Best, Jerry