I Got an Overpayment Notice from Social Security; What Should I Do?

Dear Confused:

From what you have shared, it appears that Social Security has determined that you were subject to a rule called the “Government Pension Offset” (GPO). FYI, the GPO was a provision which reduced Social Security spousal and/or survivor benefits for anyone who had a “non-covered” government pension (that is, a pension earned without contributing to Social Security). It’s likely that SS paid you full benefits, but that the GPO should have reduced (or eliminated) the benefits they paid, had they known about your “uncovered” government pension. And that is likely the source of the $12,300 overpayment notice you received.

However, the GPO rule was repealed in January 2025 and no longer applies. In other words, those who have a “non-covered” government pension (a pension earned without contributing to SS) are now no longer subjected to reduced benefits under the GPO. The repeal legislation also provided for retroactivity back to January 2024, so the notice you received from Social Security was probably referring to SS benefits you received prior to 2024. If that is the case, then the notice you received is likely accurate and would need to be repaid. However, if the notice is referring to spousal or survivor benefits you received after December 2023, then it would be in error.

The best way to find out would be for you to file an appeal to Social Security, e.g., a “Request for Reconsideration” (form SSA-561), which will cause an independent review within Social Security to see if you are, indeed, required to repay those SS benefits, or whether you should pay something less (or nothing at all). Just remember that when you actually received the SS benefits in question is the key factor – if you had a non-covered government pension while receiving SS spouse or survivor benefits before 2024, then the overpayment notice you received is likely valid. If not, an appeal as I described above should resolve the issue for you.