20 C.F.R. § 416.550

Waiver of adjustment or recovery—when applicable

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Waiver of adjustment or recovery of an overpayment of SSI benefits may be granted when (EXCEPTION: This section does not apply to a sponsor of an alien):

(a) The overpaid individual was without fault in connection with an overpayment, and

(b) Adjustment or recovery of such overpayment would either:

(1) Defeat the purpose of title XVI, or

(2) Be against equity and good conscience, or

(3) Impede efficient or effective administration of title XVI due to the small amount involved.

(c) We will apply the procedures in this paragraph (c) when an individual requests waiver of all or part of a qualifying overpayment.

(1) For purposes of this paragraph (c), a qualifying overpayment is one that accrued during the pandemic period (see § 416.537(c)) because of the actions that we took in response to the COVID-19 national public health emergency, including the suspension of certain of our manual workloads that would have processed actions identifying and stopping certain overpayments.

(2) Notwithstanding any other provision of this subpart, we will presume that an individual who requests waiver of a qualifying overpayment is without fault in causing the overpayment (see § 416.552) unless we determine that the qualifying overpayment made to a beneficiary or a representative payee was the result of fraud or similar fault or involved misuse of benefits by a representative payee (see § 416.641).

(3) If we determine under paragraph (c)(2) of this section that an individual or a representative payee is without fault in causing a qualifying overpayment, we will also determine that recovery of the qualifying overpayment would be against equity and good conscience. For purposes of this paragraph (c)(3) only, “against equity and good conscience” is not limited to the meaning used in § 416.554 but means a broad concept of fairness that takes into account all of the facts and circumstances of the case.

(4) The provisions of this paragraph (c)(4) will apply to a qualifying overpayment identified by December 31, 2020.

[52 FR 8882, Mar. 20, 1987, as amended at 53 FR 16543, May 10, 1988; 85 FR 52915, Aug. 27, 2020]

Notes of Decisions

Cited in 40 cases (5 in the last 5 years), 1978–2026 · leading case: Ruth Harrison v. Margaret H. Heckler, Secretary of Health and Human Services

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Ruth Harrison v. Margaret H. Heckler, Secretary of Health and Human Services (1984) ca9 · cites it 3× “20 C.F.R. § 416.550 (1983). Fault may be found if the recipient: (1) makes a statement which he knows or should have known to be incorrect; (2) fails to furnish information which he knows or should have known to be material; or (3) accepts a payment which he knew or could have…”

Helen Lewin v. Richard S. Schwieker, Secretary of Health and Human Services (1981) ca9 “This provision of the Act is implemented by 20 C.F.R. § 416.550 . 20 C.F.R. § 416.552 defines the term “without fault”, while 20 C.”

Fannie M. Owens v. Margaret Heckler, Secretary of Health and Human Services (1984) ca11 “” Second, he concluded that she was not “without fault in causing and accepting the overpayment,” and thus refused to apply the Social Security regulation providing for waiver, 20 C.F.R. § 416.550 . The AU therefore entered a decision demanding repayment of the benefits she had…”

Amin v. Colvin (2017) nyed · cites it 3× “20 C.F.R. §§ 416.550 , and 416.1336. The timing is critical.”

Joe D. Romero and Virginia Romero v. Patricia Harris, Secretary of Health, Education & Welfare (1982) ca10 · cites it 2× “20 CFR § 416.550 (197.6) provides for waiver of adjustment or recovery of an overpayment of supplemental security income benefits when: (a) [t]he overpaid individual was without fault in connection with an overpayment, and (b) [adjustment or recovery of such overpayment would…”

Harzewski v. Chater (1997) nywd · cites it 3× “20 C.F.R. § 416.550 (1996). 6 The individual seeking a waiver has the burden of establishing that he or she meets both of these requirements.”

Page v. Schweiker (1983) pamd · cites it 2× “The applicable regulation, 20 C.F.R. § 416.550 , provides: Waiver of adjustment or recovery of an overpayment of supplemental security income benefits is applicable (see section 1631(b) of the Act) when: (a) The overpaid individual was without fault in connection with an…”

Jackson v. Heckler (1986) nysd “§ 1383 (b)(1); 20 C.F.R. § 416.550 . Jackson appeared pro se before an Administrative Law Judge (“AU”) on June 24, 1984 and submitted a medical report from her treating psychiatrist which stated that she could not be accountable for the overpayment and that the pressure caused…”

Ruppert v. Secretary of the United States Department of Health & Human Services (1987) nyed “§ 1383 (b); 20 C.F.R. § 416.550 . Although the determination of whether an individual is without fault depends on the circumstances of a particular case, a person will be deemed to be at fault if an overpayment results from, among other things, “(a) [fjailure to furnish…”

Yulling v. Califano (1979) nysd · cites it 2× “20 C.F.R. § 416.550 . There are two questions before us: first, the procedural question of whether the issue of 1975 overpayment was properly before the Appeals Council; and second, whether plaintiff was “at fault” in receiving the 1975 benefits.”

Davidson v. Harris (1980) paed “20 C.F.R. § 416.550 . The criteria to be applied when making a determination as to whether an individual is “without fault” are enumerated in 20 C.”

Ahrens v. Bowen (1988) ca2 · cites it 2× “§ 1383 (b)(1) and 20 C.F.R. § 416.550 , the plaintiffs argue that because the secretary eventually agreed to waive recoupment, plaintiffs have prevailed on their demand for waiver, and hence are entitled under the EAJA to attorneys’ fees, at least with respect to the litigation…”

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— 20 C.F.R. § 416.550(a) — 1 case

Seid v. Commissioner of Social Security (2024) ohsd

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