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Social Security says they were overpaid, or cut their check

Use when someone got a Social Security or SSI letter saying they were overpaid and must pay it back, or their monthly check suddenly got smaller or stopped.

In danger right now: call 911. Crisis or thoughts of suicide: call or text 988. Not sure where to start? Call the Silver City Gospel Mission: 575-388-5071. Police, fire or sheriff, not an emergency: 575-388-8840 (Central Dispatch). Print our list of phone numbers → · Food pantry calendar → · Free meals calendar → · Getting there: bus and rides →
These are the same steps our staff use when they help someone. "They" means the person who needs help: you, or someone you are helping. Go in order, and call ahead when you can.
In this guide
  1. Read the letter together
  2. How much they can take
  3. Ask Social Security to forgive it (waiver)
  4. Say the overpayment is wrong (appeal)
  5. Ask for a smaller monthly payment
  6. Get help with the call or the forms

1Read the letter together

You can ask"Can I see the letter? Is it for SSI, or for Social Security (retirement or disability)?"
Find: why they say it happened, how much, the date of the letter, and how much they plan to keep each month.
You can say"You have rights here. You can ask them to forgive it, to fix it, or to take less each month."
Act fast. Asking within 30 days of the letter is safest. It can stop the cuts until Social Security decides.

2How much they can take

SSI: Social Security can keep no more than 10% of their monthly income to repay.
Social Security retirement or disability: new letters since April 2025 say 50% of the check each month.
They can ask for a lower amount any time. Many people get a lower amount when they show their bills.

3Ask Social Security to forgive it (waiver)

A waiver means they don't pay it back.
They can get one if it was not their fault, and paying would leave them unable to pay basic bills, or would be unfair.
Use form SSA-632. There is no deadline, but asking within 30 days can stop the cuts.
If the overpayment was $2,000 or less, they can ask for a waiver by phone without the form.
Bring
  • The letter
  • proof of income
  • rent, utility and other monthly bills
  • any papers showing they reported changes

4Say the overpayment is wrong (appeal)

If the amount is wrong, or they were not overpaid, ask for reconsideration with form SSA-561.
The deadline is 60 days from the letter. Asking within 30 days is safest.
They can ask for a waiver and an appeal at the same time.
SSI cut or stopped for another reason? Appealing within 10 days of the letter can keep the check the same while they wait.

5Ask for a smaller monthly payment

Use form SSA-634 to ask for a lower monthly amount.
Write down their real monthly bills. Social Security will compare income and bills.
You can say"Ask for an amount you can really live with."

6Get help with the call or the forms

Social Security Administration
National line (benefits, SSI, replacement card)
800-772-1213
· Mon-Fri 8am-7pm local time; online 24/7
Social Security Administration - Las Cruces office (serves Grant County)
SSI, disability, retirement and replacement Social Security cards
866-563-9294
2141 Summit Ct., Las Cruces · Mon-Fri 9:00-4:00
New Mexico Legal Aid
Free civil legal help
1-833-545-4357
2005 Hwy 180 W, Suite 500, Silver City · Phone intake Mon-Thu 9:30 am-4:00 pm at 1-833-545-4357; online application any time at newmexicolegalaid.org. Silver City office: 575-388-0091.
New Mexico State Bar Foundation - Legal Resources for the Elderly Program (LREP)
Free legal helpline for people 55 and older
800-876-6657
· Statewide phone/online; Mon-Fri 8am-5pm
SPIN (Supporting People In Need)
Social Security disability representative (SSI/SSDI claims)
575-494-1128
1620 E. Pine St., Silver City
Disability Rights New Mexico
Free advocacy and legal help for people with disabilities
800-432-4682
3916 Juan Tabo Blvd NE, Albuquerque · Statewide phone/online; weekday business hours
U.S. House of Representatives - New Mexico 2nd District Office
Casework help with stuck federal cases (Social Security, VA, IRS)
575-323-6390
115 W. Griggs Ave., Las Cruces
At the Gospel MissionOur case worker can help them call Social Security from the Mission and fill out the forms.
Short on money now? See the guide "Hungry today and needs food for the month".
See the guide "Gets Social Security and needs a payee or representative".

More help like this

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This guide is general information only, not medical, legal or other professional advice. Places and rules change, so please call before you go. In an emergency, call 911; in a mental health crisis, call or text 988. Disclaimer

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Questions, or want someone to walk through this with you? The Silver City Gospel Mission, 111 S. Texas St., Silver City, 575-388-5071, weekdays 9:00am-1:45pm. Everyone is welcome.