What is a Waiver for SSI Overpayment?

A waiver means that you acknowledge the existence of an overpayment but request not to return the overpaid amount.

In other words, even if an overpayment occurs, you can request a waiver due to financial hardship or unfair circumstances.

If the SSA (Social Security Administration) approves your waiver request, you do not have to return the overpaid amount.

If your waiver request is denied, you can appeal that decision.

When is it advisable to apply for a waiver?

Applying for a waiver acknowledges the overpayment and is a process to prove the reasons why returning the overpayment is difficult in your situation. Situations where applying for a waiver is beneficial include:

  1. When experiencing financial hardship:

    • If returning the overpayment would cause financial hardship, you can apply for a waiver. For example, if you need that amount to cover your basic living expenses each month, you can submit your living expense bills to prove financial hardship.

  2. When income is too low to repay:

    • If you are still receiving SSI and repaying would contradict the purpose of SSI. For example, if your income exceeds the maximum SSI benefit limit by less than $85.

  3. When it is against equity and conscience:

    • If returning the overpayment would create a situation that is against equity and conscience, you can apply for a waiver. For example, if you relied on receiving SSI payments but later found out that the amount was incorrect due to misinformation.

  4. When deemed resources are $50 or less:

    • If the overpayment occurred due to deemed resources of $50 or less, and it is determined that the only reason for the overpayment is the deemed resources, you can apply for a waiver.

  5. When the overpayment amount is $1,000.01 or less:

    • If the overpayment amount is $1,000.01 or less, you can avoid repayment obligations by applying for a waiver.

How to Apply for a Waiver

To apply for a waiver, you must acknowledge the occurrence of the overpayment while sufficiently proving the reasons for not returning it. The waiver application form can be submitted in the following ways:

  • Visit an SSA office to complete and submit the waiver application
  • Request to send the application by mail to SSA by phone
  • Download and complete the form from the SSA website (http://www.ssa.gov/online/ssa-632.pdf)here).

Waiver Application Deadline

  • There is no deadline for applying for a waiver. In other words, you can apply for a waiver even after returning the overpayment.
  • Once the waiver application is submitted, the SSA will review your application and either make a favorable decision or, if not possible, conduct a personal interview.

Criteria for SSA Reviewing Waiver Applications

The SSA reviews the following when considering a waiver application:

  1. Understanding of the incorrect overpayment amount:
    • Whether you understood that you had to return the overpayment amount.
  2. Understanding of when the overpayment occurred:
    • Whether you understood the fact of the overpayment at the time it occurred.
  3. Understanding of reporting requirements:
    • Whether you understood that you needed to report the required information to the SSA and whether you attempted to report it.
  4. Ability to provide information:
    • Whether you had the ability and opportunity to comply with the SSA's reporting requirements.
  5. Provision of incorrect information:
    • If the overpayment occurred based on incorrect or misleading information provided by the SSA.

A waiver is a process to request not to return the overpaid amount due to financial hardship, situations against equity and conscience, or misinformation, even if an overpayment occurs. To apply for a waiver, you must prove that the overpayment was not your fault and provide valid reasons. There is no deadline for applying for a waiver, so if you acknowledge the overpayment but find it difficult to return, you can apply for a waiver to resolve the issue.