Since its inception ninety years ago, the Social Security program has now grown to provide a stable income to some 74 million vulnerable individuals across the country. With a program that has been running for so long and with such a large volume of beneficiaries, calculation mistakes can sometimes occur through the fault of either the beneficiary or the Social Security Administration (SSA). As a result, beneficiaries to the program can sometimes receive a larger benefit amount than they are actually entitled to.
An overpayment of benefits can occur due to the SSA making a mistake with the calculation, or alternatively, if the beneficiary fails to update any changes to their income. As such, in order to recoup all overpaid benefits, the Trump Administration announced in March that it would be reinstating its 100% withholding rate for all beneficiaries with an overpayment balance.
The withholding rate was subsequently dropped to 50% of the benefit amount in April, with the clawbacks slated to go into effect at the end of July. The good news for beneficiaries who had received an overpayment notice is that there are options available to them to avoid losing half of their monthly income. Here is what you need to know.
Why is Social Security withholding benefits?
A report from the SSA’s Office of the Inspector General revealed that improper payments amounting to $72 billion had been made. Specifically, “from FYs 2015 through 2022, SSA estimates it made nearly $72 billion in improper payments, most of which were overpayments. While this is less than 1 percent of the total benefits paid during that period, at the end of FY 2023, SSA had an uncollected overpayment balance of $23 billion.”
Consequently, earlier this year in March, the Trump Administration announced that it would be reinstating a 100% withholding rate for all beneficiaries with an overpayment balance. This announcement sparked major criticism from beneficiaries, advocacy groups, and former SSA officials due to its harshness. Under the former Biden Administration, the withholding rate had been capped at 10%, however, during the Trump Administration’s first term in office, as well as during the Obama Administration, the withholding rate had been set at 100%.
Following the backlash, an emergency meeting was held at the SSA in April where it was then decided that the withholding rate would be capped at 50% for all Title II benefit holders. Notices informing beneficiaries of this were sent out on April 25th and following a 90 day window, the clawbacks would come into full effect by the end of July.
How to avoid losing half of your benefit
If you have received a notice of overpayment from the SSA, you will have 90 days to take action before 50% of your benefit is withheld. During this window, you will have three options available to help you prevent losing half of your check. These options are:
- Request for Waiver of Overpayment Recovery – If you believe that the fault of the overpayment lies with the SSA and that repaying the debt would result in severe financial hardship, you could be granted a waiver of repayment. To do so, you will file Form SSA-632BK, however, you will need to provide documented proof that your finances will not suffice for the repayment.
- Request for Reconsideration – If you believe that you had not been overpaid, or if you believe that the amount the SSA wishes to recover from you is incorrect, you will file Form SSA-561 with documented proof. Doing so can result in either your debt being waived or lowered depending on your reason for filing.
- Request for Change in Overpayment Recovery Rate – If you agree that you have been overpaid, but losing half of your benefit will cause severe financial hardship, you can file Form SSA-634. The SSA can then work out a new payment plan or reduce your garnishment rate, however, you will also need to provide documented proof of your expenses.