how far back can social security go for overpayment
According to the Social Security Administration (SSA), if you have received an overpayment, they can go back up to 3 years to collect the overpayment amount. However, there are some exceptions and limitations to this rule.
Here are some general guidelines:
- 3-year limit: The SSA can collect overpayments made within the past 3 years. If the overpayment occurred more than 3 years ago, the SSA generally cannot collect it.
- Waiver of overpayment: If you can show that you were not at fault for the overpayment and that repayment would cause you financial hardship, you may be eligible for a waiver of the overpayment. In this case, the SSA may not collect the overpayment, even if it occurred within the past 3 years.
- 10-year limit for fraud or concealment: If the SSA determines that you intentionally concealed or misrepresented information to receive benefits, they can collect overpayments made within the past 10 years.
- No time limit for disability benefits: If you received disability benefits and were later found to be not disabled, the SSA can collect overpayments made at any time, without a time limit.
It’s essential to note that the SSA will typically send you a notice if they determine that you have received an overpayment. This notice will explain the amount of the overpayment, how it occurred, and your options for repayment or waiver. If you receive such a notice, it’s crucial to respond promptly and follow the instructions provided to avoid any further action.