How to handle a disability overpayment in Florida?

By Hogan Smith

Updated 05/16/2025


If you receive a notice from the Social Security Administration (SSA) or the Florida Department of Children and Families (DCF) stating that you’ve been overpaid disability benefits, it can be stressful and confusing. Overpayments happen for various reasons, but you have options to address the situation. Here’s a step-by-step guide on how Florida residents can handle a disability overpayment effectively.

Find out if you qualify for SSDI benefits. Pre-qualify in 60 seconds for up to $4,018 per month and 12 months back pay.

Please answer a few questions to help us determine your eligibility.


What is a Disability Overpayment?

A disability overpayment occurs when the SSA or DCF pays you more in disability benefits than you were entitled to receive. This can apply to Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or state-specific benefits.


Common Causes of Overpayment:

  • Reporting income or work activity late.
  • Changes in living arrangements or marital status.
  • Medical improvements affecting eligibility.
  • Errors in benefit calculations by the SSA or DCF.
  • Receiving concurrent benefits (e.g., workers’ comp and SSDI) without proper adjustments.


Steps to Handle a Disability Overpayment in Florida


Step 1: Carefully Review the Overpayment Notice

  • Read the SSA Notice of Overpayment or the DCF notification letter.
  • Confirm the amount, the reason for overpayment, and the repayment instructions.
  • Note any deadlines for response.


Step 2: Verify the Overpayment

  • Double-check your records and payment history.
  • Look for errors or discrepancies in the SSA or DCF calculations.
  • Gather supporting documents (pay stubs, medical records, benefit award letters).


Step 3: Consider Repayment Options

If the overpayment is valid, you generally have three choices:


  • Full Repayment: Pay the amount in full to resolve the matter quickly.
  • Payment Plan: Request a monthly installment plan that fits your financial situation.
  • Withholding from Benefits: The SSA can deduct a portion of your future benefits until the overpayment is repaid.


Step 4: Request a Waiver (If Applicable)

You can ask the SSA to waive the overpayment if:


  • You were not at fault in causing the overpayment.
  • Repaying would cause financial hardship.
  • File a Request for Waiver of Overpayment Recovery (Form SSA-632-BK).


Step 5: File an Appeal if You Disagree

If you believe the overpayment is incorrect:


  • File a Request for Reconsideration (Form SSA-561) within 60 days of receiving the notice.
  • Provide documentation to support your case.
  • You can appeal both the fact of the overpayment and the repayment terms.


Step 6: Stay in Contact with SSA or DCF

  • Respond promptly to all correspondence.
  • Keep records of all communications.
  • Contact your local SSA office or Florida DCF office for assistance.


Florida Resources for Overpayment Issues
  • SSA Field Offices in Florida for in-person support.
  • Florida Department of Children and Families (DCF) for state disability programs.
  • Legal Aid organizations in Florida may offer free assistance for overpayment appeals.
  • Social Security advocates and representatives who specialize in overpayment cases.

How Hogan Smith Can Help You

Dealing with a disability overpayment can be overwhelming, but you don’t have to handle it alone. Hogan Smith helps Florida residents by:


  • Reviewing your overpayment notice and verifying its accuracy.
  • Assisting with appeals and waiver requests.
  • Negotiating affordable repayment plans on your behalf.
  • Providing legal representation during hearings, if necessary.
  • Ensuring you understand your rights and options every step of the way.

Contact Hogan Smith Today

If you’ve received a disability overpayment notice in Florida, contact Hogan Smith for a free consultation. We’ll help you understand your options and work with you to resolve the overpayment issue efficiently and effectively.


Further Reading

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

Was this helpful?

Boost Your Chance of Being Approved

Get the Compensation You Deserve

Our experts have helped thousands like you get cash benefits.

Contact Us


How It Works
A black and white drawing of a checklist and a handshake.
1

Briefly tell us about your case

A stack of papers with lines on them on a white background.
2

Provide your contact information

A black and white icon of a scale of justice and a briefcase.
3

Choose attorneys to contact you