Are Social Security Overpayments Dischargeable in Bankruptcy?

Sometimes I have clients who have been notified by the Social Security Administration that they have received overpayments and that SSA is seeking repayment of the funds. What can you do?  First Social Security does have a waiver procedure you can file. However, in my experience, these waivers are rarely granted. If you have other debts and the repayment amount is significant, bankruptcy may be an option. Bankruptcy can discharge these overpayments unless there has been some sort of fraud in obtaining the overpayments. If there hasn’t been, the total debt is dischargeable.

Written by: Lawyer Daniel Stone, Stone Law Firm, LLC

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