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An overpayment occurs when Social Security pays you more than you should have been paid. If this happens, we will notify you and your representative payee, if you have one. Our notice will explain why you have been overpaid, your repayment options, and your appeal and waiver rights. You should read the notice carefully.



SSA to Waive SSI Same-Sex Overpayments
In previous editions of this newsletter, we have reported on the conundrum created by the Social Security Administration’s (SSA’s) continuing to issue Supplemental Security Income (SSI) benefits to members of same-sex couples as if they were single even after the Supreme Court struck down the Defense of Marriage Act in United States v. Windsor, –– U.S. ––, 133 S. Ct. 2675, 2695, 186 L.Ed.2d 808 (2013). In May 2015, SSA issued Emergency Message (EM) 15016, providing that future SSI can be reduced or terminated based on the income or resources of a same-sex spouse, but not prior months. Read More

Overpayment EM Issued
On September 21, 2015, the Social Security Administration (SSA) issued Emergency Message (EM) - 15030, “Making an Overpayment Waiver Determination.” The purpose of the EM is to specify the documentation needed to make and support a determination on an initial waiver request. Read More

SSA Updates Overpayment POMS
In the past year, SSA has made revisions to a number of POMS sections governing overpayments: Read More

SSA Stops Collecting Overpayments for Same-Sex Couples
The Social Security Administration (SSA) has announced it will hold all Supplemental Security Income (SSI) actions that would result in an overpayment due to deeming of income or resources based on recognition of a same-sex marriage, or applying the couple’s payment rate or resource limit to a member of a same-sex couple. Read More

Overpayments: Articles


Disability Law News - July 2017
The Disability Law News is a quarterly newsletter published for DAP Advocates. In this issue, we summarize a policy change by SSA that exempts tax refund collection for old debts. Several new regulations, administrative decisions and court decisions are also discussed. Read More

Disability Law News - September 2015 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. This issue will look at the Second Circuits Reaffirmation of the Treating Physician Rule. Also in this issue you will find several new court decisions, regulations as well as other useful information for advocates. Read More