20 C.F.R. § 404.512

When adjustment or recovery of an overpayment will be waived

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(a) Adjustment or recovery deemed “against equity and good conscience.” In the situations described in §§ 404.510(a), (b), and (c), and 404.510a, adjustment or recovery will be waived since it will be deemed such adjustment or recovery is against equity and good conscience. Adjustment or recovery will also be deemed against equity and good conscience in the situation described in § 404.510(e), but only as to a month in which the individual's earnings from wages do not exceed the total monthly benefits affected for that month.

(b) Adjustment or recovery considered to defeat the purpose of title II or be against equity and good conscience under certain circumstances. In the situation described in § 404.510(e) (except in the case of an individual whose monthly earnings from wages in employment do not exceed the total monthly benefits affected for a particular month), and in the situations described in § 404.510 (f) through (n), adjustment or recovery shall be waived only where the evidence establishes that adjustment or recovery would work a financial hardship (see § 404.508) or would otherwise be inequitable (see § 404.509).

[27 FR 1163, Feb. 8, 1962, as amended at 35 FR 6321, Apr. 18, 1970; 36 FR 23361, Dec. 9, 1971]

Notes of Decisions

Cited in 24 cases (2 in the last 5 years), 1975–2023 · leading case: Dillon v. Colvin

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Dillon v. Colvin (2016) sdd “20 CFR §§ 404.512 (b)(l)(iii), 404.1513(d)(4), and 404.”

John M. Valley v. Commissioner of Social Security (2005) ca6 “See 20 C.F.R. § 404.512 ; Gladden, 139 F.3d at 1223 ("[S]omeone who relies on erroneous information from an official source meets both requirements for waiver set forth in 42 U.”

Tefera v. Colvin (2014) mad · cites it 2× “” Beaudry, 1991 WL 319161 , at *7 (citing 20 C.F.R. § 404.512 (a)). Though the First Circuit has not addressed directly what constitutes the requisite level of reliance, some courts within other Circuits have interpreted the reliance prong to include even “mere receipt and…”

Johnson v. Colvin (2016) dcd “See 20 C.F.R. § 404.512 (d). The administrative record included Plaintiff's hospital records from September 21, 2009, through August 27, 2013.”

James GLADDEN, Appellant, v. John J. CALLAHAN, Acting Commissioner, Social Security Administration, Appellee (1998) ca8 “20 C.F.R. § 404.512 (a) states: “[i]n the situations described in .”

Cucuzzella v. Weinberger (1975) ded “The other regulation relevant to this issue is 20 C.F.R. § 404.512 (a), which provides that: In the situations described in § .”

Ricketts v. Heckler (1986) vawd · cites it 3× “such individual, in accepting such overpayment will be deemed to be “without fault”____ Moreover, 20 C.F.R. § 404.512 (a) provides that “[i]n the situations described in .”

Broeckert v. Sullivan (1990) wiwd “” 20 C.F.R. § 404.512 : (a) In the situations described in §§ 404.”

Martha J. Morris v. Patricia Roberts Harris, Secretary of Health, Education and Welfare (1981) ca10 “” See 20 C.F.R. § 404.512 (a); 20 C.F.R. § 404 .”

Wiles v. Colvin (2014) ned “20 C.F.R. § 404.512 (a). A routine notice is never cause for misinformation.”

Fleming v. Califano (1980) paed “’ ” 20 C.F.R. § 404.512 (a). One of those situations where this apparently per se rule of inequity will be applied is where an individual has been found without fault under 20 C.”

Vosler v. Bowen (1988) wyd “509 rather than 20 C.F.R. § 404.512 . The differences in this standard as between the regulations leads this court to believe that the AU’s findings with respect to these issues is not supported by substantial evidence.”

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