If Social Security Overpays Me Due To Their Error, Am I Responsible For Paying It Back?

Jul 16 2017 - 8:29am

Hi Larry, If Social Security pays overpays due to their error am I responsible for paying it back? Even though they provided a letter stating that monies were owed to me. Also that was over 2 years ago. Is their a statute of limitation which required monies to be paid back?



Yes, if Social Security overpays you solely due to their own mistake you are still responsible for repayment. However, if you would be unable to meet your necessary living expenses if you had to repay the money, you may qualify for waiver (forgiveness) of the overpayment. To see the requirements for waiver of an overpayment, refer to Social Security's Handbook: https://www.ssa.gov/OP_Home/handbook/handbook.19/handbook-1914.html.

There is a Social Security Statute of Limitations, but it generally doesn't limit the time frame in which Social Security can identify and recover an overpayment.

Best, Jerry