C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart F—Overpayments, Underpayments, Waiver of Adjustment or Recovery of Overpayments, and Liability of a Certifying Officer

20 C.F.R. § 404.504

Relation to provisions for reductions and increases

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The amount of an overpayment or underpayment is the difference between the amount paid to the beneficiary and the amount of the payment to which the beneficiary was actually entitled. Such payment, for example, would be equal to the difference between the amount of a benefit in fact paid to the beneficiary and the amount of such benefit as reduced under section 202(j)(1), 202(k)(3), 203(a), or 224(a), or as increased under section 202(d)(2), 202(m), or 215 (f) and (g). In effecting an adjustment with respect to an overpayment, no amount can be considered as having been withheld from a particular benefit which is in excess of the amount of such benefit as so decreased.

[34 FR 14888, Sept. 27, 1969]
Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 1988–2025 · leading case: Sullivan v. Everhart
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Sullivan v. Everhart (1990) scotus · cites it 2× “The OASDI regulation unhelpfully provides that "[t]he amount of an overpayment or underpayment is the difference between the amount paid to the beneficiary and the amount of the payment to which the beneficiary was actually entitled," 20 CFR § 404.504 (1989), but the Secretary…”
Maxine WEBB, Appellant, v. Otis R. BOWEN, Secretary of Health & Human Services, Appellee (1988) ca8 · cites it 4× “Webb attacks 20 C.F.R. § 404.504 (1987), the regulation which requires that any overpayments be reduced by the amount of underpayments to the same claimant, thereby eliminating the claimant’s opportunity to receive a waiver of the offset portion of the overpayment.”
Jones v. Social Security Administration (2005) ca1 “Regarding the offset, Jones does not object to the ALJ’s determination that the agency properly used its netting regulation, 20 CFR § 404.504 , as explained in Sullivan v.”
Carol Geschke v. Michael Astrue (2010) ca9 “§ 404 ; 20 C.F.R. §§ 404.504 , 404.509, 404.”
Everhart v. Bowen (1988) ca10 “The regulation applicable to Title II payments, 20 C.F.R. § 404.504 , is similarly worded at the outset and is administered in a similar manner.”
Everhart v. Wise (1990) ca10 “1988), that the Secretary’s netting regulations, 20 C.F.R. §§ 404.504 and 416.538, were invalid due to inconsistency with the underlying statutes, 42 U.”
Raul Garcia v. Comm'r of Soc. Sec. (2018) ca6 “…and the amount the claimant was actually entitled to receive under the Act. 20 C.F.R. § 404.504 . In the case of an overpayment, “there shall be no . . . recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the…”
Melissa Cohan v. Comm'r of Soc. Sec. (2020) ca6 “…paid to the claimant and the amount the claimant was entitled to receive. 20 C.F.R. § 404.504 . -7- Case No. 19-3453, Cohan v. Comm’r of Soc. Sec. There are two types of overpayments: an “entitlement overpayment” and a “deduction overpayment.” An”
Fontanez v. United States Social Security Administration (2020) dcd “…errors to determine whether, on balance, the beneficiary is owed or owes money. 20 CFR § 404.504 ; Sullivan v. Everhart, 494 U.S. 83, 87 <pre class=”
Almond A. Brooks v. Commissioner of Social Security (2019) cacd “…S. Apfel, Commissioner...">221 F.3d at 1124 ; 20 C.F.R. § 404.504 . On judicial review under § 5 405(g), the district court “must determine whether the Commissioner established the 6 fact and amount of overpayments by substantial evidence.” McCarthy, 223 F.3d at 7 1124.”
Richards v. Berryhill (2019) ilnd “…and the amount of the payment to which the beneficiary was actually entitled.” 20 C.F.R. § 404.504 . Background This Social Security Administration appeal involves the SSA’s Notice of Award letters, Notice of Reconsideration letters, and an unusual pro”
Patel v. Commissioner, Social Security (2021) mdd “…and the amount of the payment to which the beneficiary was actually entitled.” 20 C.F.R. § 404.504 . When an overpayment occurs, the SSA will adjust any benefit payments due to an overpaid claimant, or recover the funds by, for example, requiring the claimant to refund the…”
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