How Far Back Can Social Security Go for Overpayment? Rules and Limits

Social Security can recover overpaid benefits—that is, money paid to you that you were not entitled to receive. 

But many people want to know: How far back can SSA go to reclaim those funds? 

The answer is more complicated than a simple time limit. 

Below are the rules, recent changes, your rights to appeal or waive recovery, and strategies to protect yourself.

What is a Social Security overpayment?

An overpayment occurs when you receive more in Social Security benefits (retirement, disability, survivors) or SSI than you were eligible for. 

This can happen because of reporting errors, changes in your income or work status, mistakes by SSA, or delayed processing of new information.

When SSA determines an overpayment exists, they notify you in writing, explain why, and open your right to appeal or request a waiver.

Is there a statute of limitations on overpayment recovery?

No. Under current law, the SSA does not impose a specific time limit for collecting overpayments in Social Security (OASDI) cases.

Historically, there was a policy (POMS GN 02210.003) that barred recovery of overpayments more than 10 years old, but that policy has been removed and is no longer applied.

Because of that, even an overpayment from many years ago can be reclaimed by SSA, though practical constraints and documentation may affect whether SSA pursues recovery.

How does SSA apply recovery over monthly benefits or lump sums?

When SSA finds an overpayment, they can recover it through:

1. Withholding your current or future Social Security monthly benefits or lump sums until the overpaid amount is repaid. § 404.502 allows withholding benefits until the overpayment is offset.
2. Withholding lump sums or applying adjustments to other benefit payments due to you.
3. Other collection methods if you no longer receive benefits (like offsetting federal payments, tax refunds, or other federal collection tools).

When you’re receiving benefits, SSA typically starts recovery through monthly withholdings.

What recent changes affect recovery rate and collection practices?

Several policy changes in 2024–2025 affect how much SSA can withhold, and how aggressively they may pursue old overpayments:

1. As of March 25, 2024, SSA adopted a policy that limits automatic withholding for new overpayments to 10 percent of your monthly Social Security benefit (or $10, whichever is greater).
2. However, effective March 27, 2025, SSA reversed that and reinstated a policy allowing 100 percent withholding on new overpayments, meaning the full benefit could be applied to repay the debt.
3. As of April 2025, some notices suggest SSA will withhold 50 percent of a benefit under certain overpayment conditions (a policy shift) rather than the full 100 percent.

These changes underscore that even though SSA lacks a strict time limit to recover overpayments, the rate and manner of recovery vary and may depend on when the overpayment was determined.

What are your rights: appeals, waiver requests, and protections?

If you receive an overpayment notice, you have several rights:

1. Request reconsideration (appeal): You generally have 60 days from the date of the notice to file a request for reconsideration. If the notice arrives by mail, SSA assumes you received it 5 days after the date on the letter unless proven otherwise.
2. Request a waiver: You may ask SSA to waive the overpayment recovery if you believe you were not at fault and recovery would cause financial hardship or be “against equity and good conscience.” There is no time limit to file a waiver.
3. Request a reduced repayment rate: If you cannot afford full recovery, SSA may agree to limit monthly withholdings to a lower rate (especially for SSI or other benefits). SSA had a guideline of recovering within 60 months, and may allow smaller withholdings so that the total recovery fits within that timeframe.

During the appeal or waiver consideration, SSA typically withholds collection until a decision is made.

How far back practically can SSA claim overpayments?

In practice, though SSA may legally recover overpayments from many years ago, there are limits to what is feasible:

1. Record availability: For old cases, SSA may lack documentation or accurate records, making enforcement harder.
2. Statute of limitations on related claims: While SSA has removed its internal 10-year bar, certain tax or benefit laws might limit detection or adjustment periods for considering changes.
3. Waivers and fairness: In very old cases, arguments of fault, inequity, or hardship may convince SSA to waive or reduce recovery.
4. Prior policy protections: Earlier policies prevented some adjustments for debts older than 10 years. Although those are removed, they may still affect how aggressively SSA pursues certain old debts.

Thus, while SSA can go back decades, whether they actually do depends on circumstances.

What should you do if you believe you were overpaid long ago?

1. Review your Social Security statements and records for any unusual adjustments or recoupments.
2. If you receive an overpayment notice, file a waiver, even if the debt is old.
3. If you disagree with the overpayment or its amount, appeal within 60 days of the notice.
4. Request documentation and explanation from SSA about the basis of the overpayment (how, when, and amount).

If necessary, consult a Social Security attorney or advocate who understands waiver and appeals practices.