§7385j–2 Recovery and Waiver of Overpayments

Summary

When someone gets too much money by mistake, the government must take it back by cutting later payments the person would get. The takeback must follow rules set by the Secretary of Labor. If the person dies before the full amount is taken back, the government will reduce benefits tied to that person’s death to recover the overpayment. The government cannot try to recover the money if the person was not at fault and getting it back would defeat the purpose of the program or be unfair. Officials who certified or paid the money are not held responsible for those amounts if recovery is waived or cannot be finished because everyone who could have had deductions is dead.