C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart E—Payment of Benefits, Overpayments, and Underpayments

20 C.F.R. § 416.543

Underpayments—applied to reduce overpayments

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We apply any underpayment due an individual to reduce any overpayment to that individual that we determine to exist (see § 416.558) for a different period, unless we have waived recovery of the overpayment under the provisions of §§ 416.550 through 416.556. Similarly, when an underpaid recipient dies, we first apply any amounts due the deceased recipient that would be payable to a survivor under § 416.542(b) against any overpayment to the survivor unless we have waived recovery of such overpayment under the provisions of §§ 416.550 through 416.556.

Example:A disabled child, eligible for payments under title XVI, and his parent, also an eligible individual receiving payments under title XVI, were living together. The disabled child dies at a time when he was underpaid $100. The deceased child's underpaid benefit is payable to the surviving parent. However, since the parent must repay an SSI overpayment of $225 on his own record, the $100 underpayment will be applied to reduce the parent's own overpayment to $125.[58 FR 52913, Oct. 13, 1993]
Notes of Decisions
Cited in 2 cases, 2019–2019 · leading case: Tarnow v. Comm'r of Soc. Sec. (N.D. Ill. 2019).
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Tarnow v. Comm'r of Soc. Sec. (N.D. Ill. 2019). “12-13 (citing 20 C.F.R. § 416.543 ).) As the ALJ noted in his decision, “the claimant, through her representative .”
Tarnow v. Comm'r of Soc. Sec. (N.D. Ill. 2019). “12-13 (citing 20 C.F.R. § 416.543 ).) As the ALJ noted in his decision, “the claimant, through her representative .”
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