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Overpayments: Articles

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Overpayment EM Issued

On September 21, 2015, the Social Security Administration (SSA) issued Emergency Message (EM) - 15030, “Making an Overpayment Waiver Determination.” The purpose of the EM is to specify the documentation needed to make and support a determination on an initial waiver request. Read More

OIG Studies Overpayments

SSA’s Office of the Inspector General (OIG) reviewed the records of 1,532 disabled beneficiaries between 2003 through 2014, and determined 44.5% of them had overpayments assessed during that time. The highest percentage of overpayments (37%) resulted from work activity or changes in income, with 23% caused by medical improvement. Read More

SSA Stops Collecting Overpayments for Same-Sex Couples

The Social Security Administration (SSA) has announced it will hold all Supplemental Security Income (SSI) actions that would result in an overpayment due to deeming of income or resources based on recognition of a same-sex marriage, or applying the couple’s payment rate or resource limit to a member of a same-sex couple. Read More

SSA Updates Overpayment POMS

In the past year, SSA has made revisions to a number of POMS sections governing overpayments: Read More

SSA Stops Overpayment Practice Based on Old Debts

On April 14, 2014, Acting Commissioner Carolyn Colvin directed Social Security Administration (SSA) staff to halt further referrals to the U.S. Department of Treasury tax refund offset program of debts owed to SSA that are more than 10 years old, pending a review of SSA’s responsibility and discretion under the current law. Read More

GAO Issues Reports on SSI Overpayments, UIB

The Government Accountability Office (GAO) has recently issued two reports dealing with Social Security disability programs. GAO-13-109 - entitled “SUPPLEMENTAL SECURITY INCOME - SSA Has Taken Steps to Prevent and Detect Overpayments, but Additional Actions Could Be Taken to Improve Oversight” - was released in December 2012, and is available at GAO-12-764 - Overlapping Disability and Unemployment Benefits Should be Evaluated for Potential Savings - was released on July 31, 2012. Read More

Discharging Public Assistance Overpayments in Bankruptcy

For some public assistance recipients, extensive and burdensome repayment to the Department of Social Services (DSS) becomes another penalty for seeking assistance during a hardship. Read More

Overpayment Recovery Limited

Thanks to Jim Sheldon of Neighborhood Legal Services in Buffalo for highlighting a very useful POMS provision relating to overpayment recovery. Read More

POMS on Resources, Overpayments Updated

SSA has updated several sections of its Program Operations Manual System (POMS) related to resources in the SSI program and to handling overpayments. Read More

Overpayment Case Remanded

District Court judges generally do not consider overpayment cases as frequently as they review disability claims. As a result, advocates may have to “instruct” them on some of the basics of overpayment laws and regulations, as well as how benefits are calculated. That tactic paid off for Kate Callery of the Empire Justice Center in Rochester, on behalf of a pro se claimant who had been represented by a lay advocate at the hearing level in his overpayment case. Read More