SSA made the mistake. Doesn't that mean I'm not at fault?

Not automatically. The rules say SSA's own fault doesn't by itself relieve you. But when SSA miscalculated your benefit, or kept paying the old amount after you reported a change, SSA's manual presumes you were not at fault.

I didn't know I had to report it. Can I still get a waiver?

Possibly. SSA must look at all the circumstances, including your understanding of the reporting rules, your age, education, health, memory and any language barrier. Explain the facts plainly and send anything that backs them up.

I'm the representative payee. Whose fault counts?

For the beneficiary's waiver, SSA looks only at the overpaid person's fault, not the payee's. If SSA told you, the payee, that you personally must repay, you ask for a waiver on your own behalf and SSA looks at your fault.

“Without Fault” in SSA Overpayment Waivers, Explained

A waiver of an overpayment has two parts, and the first is always the same: you must be without fault. If SSA finds you at fault, it can't waive the overpayment, however hard repaying would be (POMS GN 02250.005). Here is what the rule means in practice.

The three ways someone is at fault

The regulations list them (20 CFR 404.507 for Social Security, 416.552 for SSI). You are at fault only if the overpayment came from:

an incorrect statement you made that you knew, or should have known, was incorrect;
not giving SSA information you knew, or should have known, was material; or
accepting a payment you knew, or could have been expected to know, was incorrect.

SSA's manual adds the other side: unless SSA has evidence of one of these, the person is not at fault (POMS GN 02250.005B.1). And being overpaid is not, by itself, a finding of fault.

What SSA has to weigh

SSA must consider all the circumstances: your understanding of the reporting requirements, your efforts and opportunities to report, whether you understood you had to return payments that weren't due, and your ability to comply, given your age, comprehension, education, memory, physical and mental condition and any language barrier (20 CFR 404.507, 416.552; POMS GN 02250.005B.2). Time in a hospital, a disability that made reporting hard, or a disaster declaration all count.

Situations where SSA presumes you weren't at fault

SSA's manual lists presumptions that make your case much easier (POMS GN 02250.016). Among them:

You reported the change on time, or tried to. For SSI, on time means within 10 days after the month the change happened.
SSA kept paying after you reported the change, or reduced your payment when it should have stopped it.
SSA miscalculated your benefit or your insured status.
You were a minor child with a representative payee (or an auxiliary child up to 19 still in high school), or a legally incompetent adult, when you were overpaid.
Someone else's situation caused it, such as the worker's earnings, you didn't know, and you didn't live with them.
You relied on wrong information from SSA or another official source. SSA then also treats recovery as against equity and good conscience and approves the waiver (POMS GN 02250.061). A routine notice, such as a COLA letter, doesn't count as misinformation.
SSI only: the overpayment came from admission to a medical institution, from life insurance you didn't know had a cash value, or from resources over the limit by $50 or less (POMS GN 02250.090).

Got an SSA overpayment letter? Check which form fits.Start the free overpayment check

Partly at fault

Fault can be split by period. If you reported a change late but SSA kept paying after you did report it, SSA may find you at fault for the months before your report and presumes you weren't for the months after (POMS GN 02250.005B.3.c). The waiver can then cover the later part.

How to explain your side

Question 5 of SSA-632-BK asks what you know about why the overpayment happened and why you didn't or couldn't report the change. Write it like a timeline:

what changed, and when;
when and how you told SSA, and who you spoke to, if you did;
what you understood the rules to be, and why;
anything that made reporting hard: illness, a hospital stay, a disability, reading or language difficulties.

Then attach proof: a copy of your report, a fax confirmation, a receipt from the office, notes of phone calls, medical records.

When there's no waiver at all

If an overpayment resulted from fraud or “similar fault” (knowingly making a false statement or hiding information), SSA doesn't make a waiver decision (POMS GN 02250.001G). You can still appeal the facts or ask about repayment.

Being without fault is only half of a waiver. The other half is that repaying would defeat the purpose of your benefits, or be unfair because you relied on the payments (POMS GN 02250.150). For overpayments of $2,000 or less, SSA simply presumes you weren't at fault unless there was fraud or a double-cashed check (POMS GN 02250.350). Free help is available from legal aid (LawHelp.org) and from Social Security. This guide is general information, not legal advice.

What “without fault” means for an SSA overpayment waiver