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. § 404.522

Review within SSA that an overpayment is past due and legally enforceable

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(a) Notification by overpaid individual. An overpaid individual who receives a notice as described in § 404.521 has the right to present evidence that all or part of the overpayment is not past due or not legally enforceable. To exercise this right, the individual must notify us and present evidence regarding the overpayment within 60 calendar days from the date of our notice.

(b) Submission of evidence. The overpaid individual may submit evidence showing that all or part of the debt is not past due or not legally enforceable as provided in paragraph (a) of this section. Failure to submit the notification and evidence within 60 calendar days will result in referral of the overpayment to the Department of the Treasury, unless the overpaid individual, within this 60-day time period, has asked us to waive collection of the overpayment under section 204(b) of the Act and we have not yet determined whether we can grant the waiver request. If the overpaid individual asks us to waive collection of the overpayment, we may ask that evidence to support the request be submitted to us.

(c) Review of the evidence. After a timely submission of evidence by the overpaid individual, we will consider all available evidence related to the overpayment. If the overpaid individual has not requested a waiver we will make findings based on a review of the written record, unless we determine that the question of indebtedness cannot be resolved by a review of the documentary evidence. If the overpaid individual has asked us to make a waiver determination and our records do not show that after an oral hearing we had previously determined that he was at “fault” in accepting the overpayment, we will not deny the waiver request without first scheduling an oral hearing.

[56 FR 52469, Oct. 21, 1991, as amended at 62 FR 64278, Dec. 5, 1997]
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2015–2025 · leading case: Grice v. Colvin, 97 F. Supp. 3d 684 (D. Maryland 2015).
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Grice v. Colvin, 97 F. Supp. 3d 684 (D. Maryland 2015). · cites it 5× “See 20 C.F.R. § 404.522 (c). The decision will include written findings and supporting rationale for the findings.”
Connally v. Comm'r, Soc. Sec. Admin. (N.D. Tex. 2022). · cites it 2× “An overpaid individual has a right to request that recovery of any overpayment in disability insurance benefits from him be waived, see 20 C.F.R. § 404.522 (c), and to request a hearing before an ALJ on an initial decision denying an adjustment or recovery of an overpayment, see…”
Garcia v. Comm'r of Soc. Sec. (S.D.N.Y. 2025). “Anthony argues that (1) the Commissioner has not met his burden of proving that Anthony performed substantial gainful activity because “[t]he record is replete” with evidence indicating that Anthony did not perform substantial gainful activity; (2) the Commissioner’s claim to…”
Zentner (N.D. Ohio 2025). “See 20 C.F.R. § 404.522 (a) for Waiver of Overpayment Recovery.”
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