Guide for Organizational Representative Payees

What is your liability and responsibility for an overpayment?

An overpayment is any amount of money received for any period that exceeds the total amount of money that should have been paid. The overpaid amount is a debt owed to the U.S. Government.

When a beneficiary is overpaid, the current payee may request a waiver or to appeal the facts of the overpayment on behalf of the beneficiary. To request a waiver, call our toll-free number, 800-772-1213, or call or visit your local Social Security office.

SSA will determine the beneficiary's liability for repayment of the total overpayment amount and the payee’s liability for repayment. If the beneficiary is overpaid through no fault of yours or your organization and the incorrect payments were used to meet the beneficiary's needs, then you may not be held liable.

If you are a non-governmental payee and SSA makes the determination that you have misused the beneficiary’s payments, the misused payments will be considered an overpayment to you, and not to the beneficiary, and you will be liable for repayment.

If SSA determines that a former payee is liable for repayment of the overpayment (or a portion thereof), recovery is initiated against the former payee and not the current payee.

If SSA determines that the beneficiary's benefit payments should be suspended or terminated, the beneficiary often has the right to request that his payments continue while he/she appeals SSA’s action. If the beneficiary loses the appeal, SSA will determine if any resulting overpayment has to be repaid to SSA.