How to handle SSDI overpayments in Virginia?
By Hogan Smith
Updated 08/08/2025
If you’ve received a notice from the Social Security Administration (SSA) stating that you were overpaid SSDI benefits, it’s important to act quickly. SSDI overpayments can happen for several reasons — but the good news is that you have options to challenge, explain, or repay the amount based on your situation.
Whether the overpayment was caused by a change in income, a work attempt, or an SSA error, understanding your rights and next steps is critical to protect your benefits and financial stability.
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What Is an SSDI Overpayment?
An overpayment occurs when SSA sends you more money than you were supposed to receive under SSDI rules. The agency will eventually send a notice demanding repayment of the excess amount — which can range from a few hundred to several thousand dollars.
Common reasons for SSDI overpayments in Virginia include:
- Returning to work or earning more than allowed under SSDI
- Receiving other types of benefits or compensation
- SSA miscalculating your payment
- Failing to report changes in your condition, address, or household income
- Delayed processing of changes or reviews
SSA expects repayment unless you can prove you weren’t at fault or that repaying would cause serious hardship.
What to Do If You Get an SSDI Overpayment Notice
Once you receive the overpayment letter, you typically have 30 days to respond. The letter will explain how much SSA believes you owe and why. Your options include:
1. Request a Waiver
If you believe the overpayment was not your fault and that repaying it would cause financial hardship, you can request a waiver. You will need to show:
- You didn’t know you were being overpaid
- You couldn’t have reasonably known
- Paying the money back would prevent you from meeting basic needs
File SSA Form 632-BK to start this process. Supporting documents, like bills or income statements, can strengthen your case.
2. Request Reconsideration
If you disagree with SSA’s claim that an overpayment happened or with the amount they calculated, you can file a request for reconsideration (SSA Form 561). This lets you appeal their decision and present your side.
3. Set Up a Repayment Plan
If you agree that you were overpaid but cannot repay the full amount right away, you can work out a monthly repayment plan. SSA may be flexible if you show financial need. Do not ignore the notice. SSA can recover overpayments by reducing your future SSDI checks — or, in some cases, by intercepting tax refunds.
How Overpayments Affect Future SSDI Checks
If no action is taken, SSA may begin withholding a portion — or all — of your monthly SSDI benefits until the overpayment is recovered. This can happen even if the overpayment was not your fault. By acting early and submitting a waiver or reconsideration, you may be able to prevent or reduce these withholdings.
How Hogan Smith Can Help
At Hogan Smith, we help Virginia residents navigate SSDI overpayment situations with clarity and confidence. We can:
- Review your overpayment notice and determine if it’s accurate
- Help you file a waiver or reconsideration appeal
- Prepare supporting documentation for financial hardship
- Negotiate repayment plans with SSA
- Protect your rights and minimize benefit disruption
Contact Hogan Smith Today
If you’ve been hit with an SSDI overpayment in Virginia, don’t face it alone. Let Hogan Smith help you fight for a fair resolution. Call today for a free consultation or reach out through our website to get started. Your SSDI benefits matter — and we’re here to protect them.
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