How long do I have to request a revised decision for overpayment waivers under SSA-44?
Executive summary
A formal request to have an overpayment determination “reconsidered” must generally be filed within 60 days of the date the overpayment notice is received; filing within that window preserves appeal rights and, in many circumstances, halts collection while SSA decides [1] [2] [3]. By contrast, current federal guidance and SSA materials make clear there is no statutory time limit on submitting a waiver request itself, though filing promptly is essential to stop recoupment and protect benefits [4] [5] [6].
1. The core 60‑day rule for requesting reconsideration
When disputing SSA’s factual finding that an overpayment occurred or the amount claimed, an aggrieved party generally must request a reconsideration (the first level of appeal) within 60 days of receiving the overpayment notice; SSA’s official pages and forms repeatedly state the 60‑day deadline and treat that step as the gateway to later appeals if reconsideration is denied [1] [2] [3] [4].
2. The 30‑day practical protection against immediate collections
SSA will wait at least 30 days after mailing an overpayment notice before beginning collection actions, and if a claimant asks for a waiver or an appeal within 30 days, SSA says it will not collect while it decides the request — a crucial distinction for those worried about immediate benefit garnishment [6]. Some legal-aid sources and clinics emphasize that filing very early — often within 10 to 30 days — can more reliably pause recoupment efforts while SSA reviews the file [7] [8].
3. Waiver submissions: no statutory deadline, but urgent for practical reasons
Federal summaries and SSA-related policy documents note that, unlike reconsideration, there is no fixed statutory time limit for filing a waiver request to excuse repayment of an overpayment — SSA can consider waiver requests even after the agency has begun recovery [4] [5]. That legal openness, however, is tempered by reality: to stop SSA from taking money from ongoing checks or other sources, claimants should file a waiver as soon as possible after receiving the overpayment notice [5] [6].
4. If reconsideration or waiver is denied: the next 60‑day windows
When SSA denies a reconsideration or refuses a waiver, the claimant typically has 60 days from the date of that denial to request a hearing before an Administrative Law Judge (ALJ); further appeals up to the Appeals Council or federal court also carry 60‑day windows at their respective stages, so the 60‑day cadence recurs throughout the administrative ladder [9] [8] [3].
5. Concurrent filings and procedural strategy recognized by SSA
SSA’s procedural guidance and its HALLEX policy allow claimants to challenge the substantive overpayment finding and request waiver at the same time; HALLEX also explains that if reconsideration upholds the substantive finding and denies waiver, both matters proceed to an ALJ hearing as the next administrative step, which preserves the litigant’s ability to press both factual and equitable claims [10].
6. Limits in the reporting and recommended practical steps
The sources reviewed do not explicitly define “SSA‑44” or describe a separate “revised decision” procedure under that label, so it cannot be stated whether any unique timelines attach to SSA‑44 specifically; available SSA forms and publications instead frame timing in terms of reconsideration (60 days), immediate collection protection (30 days), and an open-ended waiver submission right [1] [2] [6] [4] [5]. Given these rules and the frequent real‑world stakes of withheld benefits, the defensible course is prompt action: file reconsideration within 60 days to preserve appeal rights, submit a waiver as soon as possible to seek a stop to collections, and — if denied — request an ALJ hearing within 60 days of the denial [1] [6] [9].