Protecting Elders From Government Error Act
Sponsored By: Representative Higgins, Clay [R-LA-3]
Introduced
Summary
Protects older Social Security beneficiaries from agency takebacks when the government caused the mistake. It creates a six-month limit on recouping certain Title II old-age benefit overpayments, caps monthly withholding at 5 percent, and preserves a fraud exception so known fraudsters remain fully recoverable.
Show full summary
- Seniors and beneficiaries: Reduces surprise financial hits for older adults whose overpayments were caused by Social Security Administration error. The protections apply to Title II overpayments outstanding on or after enactment and use a 6-month look-back.
- Monthly income security: Limits how much can be taken from a beneficiary's monthly check for these error-related overpayments to no more than 5 percent of the benefit each month.
- Fraud exception: People the Commissioner determines ever committed fraud or similar fault are not covered by these limits and can be pursued without the 6-month rule or the 5 percent cap.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Protects seniors from SSA overpayments
If enacted, this bill would limit how the Social Security Commissioner can recover Title II retirement (old-age) overpayments. If the overpayment was caused by an error by the Commissioner and it relates to a section 202(a) old-age benefit, recovery would be barred when the overpayment occurred more than six months before the Commissioner's finding. If recovery is allowed, the Commissioner could not withhold more than 5 percent of your monthly Title II benefit to recoup it. These protections would not apply if the Commissioner determines you ever committed fraud. The rules would take effect on the date of enactment and apply to Title II overpayments outstanding on or after that date.
Sponsors & CoSponsors
Sponsor
Higgins, Clay [R-LA-3]
LA • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov