Disability Law Blog

SSA Adopts Final Rules Re Cross-Program Recovery of Overpayments

The Social Security Administration has adopted without change the final revised rules on recovery of overpayments that were published in the Federal Register on January 3, 2005, at 70 FR 11. "The revised rules expand the authority for cross-program recovery of overpayments made in our various programs. We are implementing a portion of those rules that we did not implement on January 3, 2005, pending consideration of public comments that we requested at that time."

Available in text and PDF

70 FR 16111-16113 (March 30, 2005)

SSA Announces Proposed Rules re Cross-Program Recovery of Overpayments

The proposed rules, among other things, allow recovery of Title II overpayments from Title XVI benefits and Special Veterans Benefits (SVB). Here's the key section:

We propose to change the regulations in 20 CFR parts 404, 408 and 416 to reflect the expanded cross-program recovery authority. Currently, part 404 has no provisions permitting cross-program recovery, since that option has not been applied to collect title II benefit overpayments. In part 404, we propose to add new Sections 404.530, .535, .540, and .545, which parallel existing regulations at Sections 408.930 through 408.933, to include the expanded authority to recover title II overpayments as follows:

We may withhold from a current monthly SSI payment no more than the lesser of that payment or 10 percent of the monthly income to recover a title II overpayment;

We may withhold no more than 10 percent of current monthly SVB payments to recover a title II overpayment;

We may withhold up to 100 percent of SSI and SVB past-due payments to recover a title II overpayment.

We propose to change Sections 408.930 through 408.933 to reflect the expanded authority to recover title VIII overpayments as follows:

We may withhold from a current monthly SSI payment no more than the lesser of that payment or 10 percent of the monthly income to recover an SVB overpayment;

We may withhold no more than 10 percent of current monthly title II benefits to recover an SVB overpayment;

We may withhold up to 100 percent of title II and SSI past-due payments to recover an SVB overpayment. . . .

Emphasis supplied.

The comment period ends September 23, 2004.

Available in text and PDF

69 FR 51962-51967 (August 24, 2004)