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A Social Security Overpayment is not Automatically Fraud

Posted by Michael Kalish | Aug 01, 2026 | 0 Comments

An overpayment simply means SSA paid someone more than they were legally entitled to receive.  That can happen because of agency error, delayed processing, misunderstood reporting obligations, unreported work, or changes in incoime, resources, or living arrangements. 

Most overpayments are handled administratively. The beneficiary may challenge the overpayment, dispute the amount, request a waiver, or arrange repayment. 

Criminal fraud is different. 

Fraud generally requires proof that a person knowingly and intentionally lied, concealed a material fact, or failed to disclose information in order to keep receiving benefits they knew they were not entitled to receive. 

The key distinction is intent: 

Overpayment: "I received to much, but I did not intentionally deceive SSA." 

Fraud: "I knew I was not entitled to the money and deliberately concealed the fact so the payments would continue." 

A recent case involving a Missouri widow who reportedly collected approximately $96,000 over four years illustrates the distinction. The issue was not merely that SSA made a payment error.  Prosecutors alleged that she knew the payments were improper and failed to report the mistake for years. 

Not every reporting mistake is fraud. But prolonged concealment, false statements, or repeated failures to disclose can turn an administrative overpayment matter into a criminal case.  

About the Author

Michael Kalish
Michael Kalish

Disabled individuals need an attorney who understands their pain and financial need, who knows their name, and who can guide them through the complicated maze of obtaining Social Security disability benefits.

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