Getting a Social Security overpayment notice can feel overwhelming. For many people, the first question is simple: what exactly is SSA going to look at when deciding whether repayment can be excused?
In general terms, SSA does not waive an overpayment just because repayment feels difficult. The agency looks at a few specific legal standards, including whether the person was without fault, whether repayment would create financial hardship, and whether collection would be against equity and good conscience under the rules that apply to Social Security and SSI overpayments. Those standards come from federal regulations, SSA policy manuals, and the agency’s public guidance on waiver requests. SSA’s waiver page, 20 C.F.R. § 404.506, 20 C.F.R. § 416.550
If you want a broader overview of how fault, fairness, and repayment fit together, it may help to start with this plain-English explanation of when SSA may excuse repayment.
In this post, you’ll learn what SSA usually reviews, how the agency separates “fault” from “hardship,” what evidence often matters most, and why legal help can sometimes make the picture clearer.
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A waiver is a request asking SSA not to recover all or part of an overpayment. SSA’s public guidance explains that a person can ask for a waiver if they believe the overpayment was not their fault and repayment would be unaffordable or unfair. SSA also states that a waiver request can be made using Form SSA-632-BK, and in some situations a person with an overpayment of $2,000 or less may be able to start the process by phone. SSA’s waiver page, Understanding SSI (2025 ed.)
That is different from a reconsideration, which challenges whether the overpayment was correct in the first place. In many cases, people explore both issues at the same time: Was the overpayment amount right? and Even if it was right, can collection be waived? SSA’s SSI handbook notes that a person may request a waiver at any time, even after recovery has already happened, and SSA’s annual waiver report says the same. Understanding SSI (2025 ed.), SSA Annual Overpayment Waivers Report FY 2024
This is usually the starting point.
Under SSA’s regulations and policy, a waiver generally begins with a fault determination. SSA’s FY 2024 waiver report explains that “without fault” means the facts show the individual did not cause the overpayment. The report gives examples of fault such as failing to provide full and accurate information, failing to comply with reporting requirements, or not returning checks that were not due. SSA Annual Overpayment Waivers Report FY 2024
For Title II benefits, the fault regulation appears at 20 C.F.R. § 404.507. For SSI, the comparable rule appears at 20 C.F.R. § 416.552. SSA’s internal policy manual also points staff to those rules when evaluating waiver requests. POMS GN 02250.005
SSA’s fault analysis is fact-specific. In practical terms, the agency may look at things like: