§1320b–17 Cross-program recovery of overpayments from benefits

Summary

The Commissioner of Social Security can take back money that was paid by mistake by cutting a person’s payments from any of three programs: old-age, survivors, and disability insurance (retirement/disability); special World War II veteran benefits; and Supplemental Security Income (SSI), including some state supplements. For regular monthly payments, the Commissioner usually cannot cut a retirement/disability or WWII benefit by more than 10% in a month. For SSI, the cut cannot be more than the smaller of the full monthly SSI payment or 10% of the person’s monthly income (counting the SSI payment but excluding certain other payments and excluded income under law). The 10% limits do not apply if the person or their spouse intentionally lied or hid important facts about the payment, or if the person asks the Commissioner to recover more at once. If payments are reduced to repay an overpayment, that reduction cannot cause the person—or anyone whose benefits depend on that person’s income—to become newly eligible for, or to get higher, WWII special benefits or SSI. Normal rules that protect Social Security money from other claims do not block these kinds of reductions for retirement/disability and SSI.