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. § 416.553

Waiver of adjustment or recovery—defeat the purpose of the supplemental security income program

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We will waive adjustment or recovery of an overpayment when an individual on whose behalf waiver is being considered is without fault (as defined in § 416.552) and adjustment or recovery of the overpayment would defeat the purpose of the supplemental security income program.

(a) General rule. We consider adjustment or recovery of an overpayment to defeat the purpose of the supplemental security income (SSI) program if the individual's income and resources are needed for ordinary and necessary living expenses under the criteria set out in § 404.508(a) of this chapter

(b) Alternative criteria for individuals currently eligible for SSI benefits. We consider an individual or couple currently eligible for SSI benefits to have met the test in paragraph (a) of this section if the individual's or couple's current monthly income (that is, the income upon which the individual's or couple's eligibility for the current month is determined) does not exceed—

(1) The applicable Federal monthly benefit rate for the month in which the determination of waiver is made (see subpart D of this part); plus

(2) The $20 monthly general income exclusion described in §§ 416.1112(c)(3) and 416.1124(c)(10); plus

(3) The monthly earned income exclusion described in § 416.1112(c)(4); plus

(4) The applicable State supplementary payment, if any (see subpart T of this part) for the month in which determination of waiver is made.

For those SSI recipients whose income exceeds these criteria, we follow the general rule in paragraph (a) of this section. [45 FR 72649, Nov. 3, 1980, as amended at 50 FR 48573, Nov. 26, 1985]
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1980–2021 · leading case: Helen Lewin v. Richard S. Schwieker, Sec'y of Health & Human Servs., 654 F.2d 631 (9th Cir. 1981).
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Helen Lewin v. Richard S. Schwieker, Sec'y of Health & Human Servs., 654 F.2d 631 (9th Cir. 1981). “552 defines the term “without fault”, while 20 C.F.R. § 416.553 and .554 define “defeat the purpose” and “against equity and good conscience.”
Ruth Harrison v. Margaret H. Heckler, Sec'y of Health & Human Servs., 746 F.2d 480 (9th Cir. 1984). · cites it 2× “20 C.F.R. § 416.553 (1983). Recovery of an overpayment will be deemed to defeat the purpose of the program if the recipient’s income is needed for ordinary and necessary living expenses or does not exceed an established dollar amount.”
Joe D. Romero & Virginia Romero v. Patricia Harris, Sec'y of Health, Educ. & Welfare, 675 F.2d 1100 (10th Cir. 1982). · cites it 3× “The controlling regulation for waiver on the ground that recovery of overpayments would defeat the purpose of Title XVI is 20 CFR § 416.553 , reproduced in the margin.”
Ruppert v. Sec'y of the United States Dep't of Health & Human Servs., 671 F. Supp. 151 (E.D.N.Y 1987). “20 C.F.R. § 416.553 . Adjustment or recovery is viewed as inequitable and contrary to good conscience when a person, in reliance on the SSI payments he received or on notice that such payments would be made, relinquished a valuable right or changed his position for the worse.”
Lillie Howard v. Sec'y of the Dep't of Health & Human Servs. of the United States, 741 F.2d 4 (2d Cir. 1984). “Notwithstanding the boilerplate language in the “Findings” and “Decision” sections, the body of the opinion supports the conclusion that the AU gave no consideration whatever to such matters as Howard’s ability to repay, see 20 C.F.R. § 416.553 , or to the equitability of…”
Coker v. Harris, 508 F. Supp. 996 (M.D. Ga. 1981). · cites it 2× “20 C.F.R. § 416.553 provides in pertinent part: “Waiver of adjustment or recovery is proper when the person on whose behalf waiver is being considered is without fault, as defined in Section 416.”
Davidson v. Harris, 502 F. Supp. 1208 (E.D. Pa. 1980). “…expenses, the criteria of 20 C.F.R. § 404.508 (a) were applicable. This regulation addresses itself to Title II. See 20 C.F.R. § 416.553 (b).”
Empire State Ass'n of Adult Homes, Inc. v. Perales, 139 A.D.2d 41 (N.Y. App. Div. 1988). “Recoupment defeats the purpose of the SSI program, according to 20 CFR 416.553, when all of an individual’s income and resources are needed for ordinary and necessary living expenses (see, Harrison v Heckler, 746 F2d 480; Howard v Secretary of Dept.”
Karlson v. Colvin, 17 F. Supp. 3d 432 (D.N.J. 2014). “1995) (citing 20 C.F.R. § 416.553 (a)). As defined in 20 C.”
Woods v. Shalala, 884 F. Supp. 156 (D.N.J. 1995). “See 20 C.F.R. § 416.553 (a). Ordinary and necessary expenses are defined as fixed living expenses such as food, rent, medical expenses, or support of another.”
LaBeaux v. Sullivan, 760 F. Supp. 761 (N.D. Iowa 1991). “The Social Security Administration considers the individual’s understanding of the reporting requirements, the agreement to report events affecting payments, knowledge of the occurrence of events that should have been reported, efforts to comply with the reporting requirements,…”
Meyer v. Sec'y of Health, Educ. & Welfare, 513 F. Supp. 41 (W.D. Mich. 1980). “These requirements are set forth in 20 CFR 416.553; 20 CFR 416.554, and 20 CFR 416.”
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