Facing Homelessness Due to Social Security Overpayment?

The good news is that you have legal rights to stop the 100-percent withholding immediately. While the Social Security Administration (SSA) recently updated its policy to allow for higher withholding rates, they are legally required to stop collection while they review your case if you take specific steps.

Here is exactly what you can do right now to protect your income and your home.

1. Request a waiver of overpayment.

This is your strongest tool. If the SSA grants a waiver, the $100,000 debt is completely forgiven, and you won’t have to pay back a dime. To qualify, you must show two things:

1. You were “without fault”: You didn’t intentionally mislead the SSA. Since the money was going into a joint account and you believed it was a legitimate retirement benefit, you have a strong argument for being “without fault.”
    
2. Repayment would “defeat the purpose” of the law: This means that paying the money back would cause you financial hardship (e.g., you can’t pay for food, rent, or medical care).

As soon as you file this form, the SSA must stop taking money from your check until they make a decision. This gives you immediate financial breathing room.

2. Request a change in repayment rate.

If you don’t want to fight the whole debt but simply cannot survive with them taking 100 percent of your check, you can request a lower withholding rate.

• The SSA has flexible repayment options.
• You can often negotiate a repayment as low as $10 per month if you can show that any higher amount would prevent you from paying for basic necessities.

3. Appeal the overpayment.

If you believe the $100,000 figure is incorrect (for example, if they miscalculated the 10-year period), you can file a request for reconsideration.

• You must do this within 60 days of receiving the letter.
• Like the waiver, filing an appeal will typically pause collection efforts while the review is pending.

Action Plan for Social Security Overpayments

Where to Get Help Immediately

• Contact legal aid: Look for a legal aid office in your city or county. They often provide free legal services to seniors facing Social Security issues and housing instability.
• Your local SSA office: Go to the office in person rather than calling. It is often easier to explain that you are at risk of homelessness to a human being, and they can help you fill out the hardship forms on the spot.
• Congressional representative: If you run into a wall with the SSA, contact the office of your local member of Congress. They have constituent advocates who specialize in cutting through Social Security red tape.