SSA-561 vs SSA-632: reconsideration or waiver?

The one-line difference

A reconsideration says: "SSA's facts or math are wrong." A waiver says: "The money was paid, but it was not my fault, and paying it back would be a hardship or unfair." One challenges the overpayment. The other asks SSA to forgive it.

The two forms do different jobs, and SSA decides them separately. That is why many families file both: the reconsideration in case SSA's numbers are wrong, the waiver in case they are right.

When a reconsideration (SSA-561) fits

Choose reconsideration when something in the letter is not true. Common examples:

• SSA counted earnings that were not earned, or counted them in the wrong year or month.
• The dates are wrong: the pension, job or move happened later than SSA says.
• You reported the change on time and SSA did not process it, so the overpayment is smaller than stated or did not happen.
• For SSI: SSA counted money or property that does not count, or got the living arrangement wrong.
• The letter says an overpayment happened, but you never received the payments it lists.

The SSA-561 is short. You state what you disagree with and why, and attach proof: pay stubs, pension letters, a lease, bank statements. You can also ask for an informal conference or, for some SSI issues, a formal one.

When a waiver (SSA-632) fits

Choose a waiver when SSA's facts are right, but the person who was overpaid did not cause the problem. SSA approves a waiver only if the person was without fault and repaying would either leave them unable to meet ordinary living expenses or be against "equity and good conscience." Typical situations:

• A parent reported a new pension, SSA kept paying the old amount, and the parent assumed SSA had adjusted it.
• An SSDI recipient told SSA about part-time work, and SSA took a year to recalculate.
• An older parent with memory problems did not understand a reporting rule.

The waiver form asks for a lot of financial detail. Our step-by-step guide covers it: how to fill out Form SSA-632.

When to file both

File both when you think the amount is too high and you were not at fault for whatever part is correct. For example, SSA says $11,412 was overpaid because a pension was not reported. You think the pension started four months later than SSA says, so the real figure is lower, and you also believe your parent reported it. The reconsideration fights the number. The waiver asks SSA to forgive what is left.

Filing both does not hurt your case. Send them together, or note on each that the other was filed.

Deadlines side by side

Because SSA assumes the letter arrived 5 days after its date, a letter dated October 14 means about November 18 to keep collection paused and December 18 to ask for reconsideration. Use the free deadline calculator with the date on your own letter. If you miss the 60 days, you can still ask SSA to accept a late request, but you have to explain the "good cause," such as illness or not receiving the letter.

What if you agree you owe it but cannot pay that much each month?

That is a third option, separate from both forms. SSA-634, Request for Change in Overpayment Recovery Rate, asks SSA to take a smaller amount each month. It is the right choice when the overpayment was correct, the waiver test does not fit, and the default withholding is more than the household can live on. See what to do when SSA withholds 50% of the check.

What happens after you file

For a reconsideration, someone at SSA who did not make the first decision reviews the file and your proof and sends a written decision. If you still disagree, the letter explains how to ask for a hearing before an administrative law judge.

For a waiver, SSA reviews fault and finances. If it plans to say no, it must offer a personal conference first. If the waiver is denied, you can ask for reconsideration of that denial.

Either way, keep a log: what you sent, the date, how you sent it, and every phone call with the name of the person you spoke to. It is the single most useful thing to have if SSA loses a paper or a decision takes months.