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. § 416.554

Waiver of adjustment or recovery—against equity and good conscience

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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 would be against equity and good conscience. Adjustment or recovery is considered to be against equity and good conscience if an individual changed his or her position for the worse or relinquished a valuable right because of reliance upon a notice that payment would be made or because of the incorrect payment itself. In addition, adjustment or recovery is considered to be against equity and good conscience for an individual who is a member of an eligible couple that is legally separated and/or living apart for that part of an overpayment not received, but subject to recovery under § 416.570.

Example 1:Upon being notified that he was eligible for supplemental security income payments, an individual signed a lease on an apartment renting for $15 a month more than the room he had previously occupied. It was subsequently found that eligibility for the payment should not have been established. In such a case, recovery would be considered “against equity and good conscience.”Example 2:An individual fails to take advantage of a private or organization charity, relying instead on the award of supplemental security income payments to support himself. It was subsequently found that the money was improperly paid. Recovery would be considered “against equity and good conscience.”Example 3:Mr. and Mrs. Smith—members of an eligible couple—separate in July. Later in July, Mr. Smith receives earned income resulting in an overpayment to both. Mrs. Smith is found to be without fault in causing the overpayment. Recovery from Mrs. Smith of Mr. Smith's part of the couple's overpayment is waived as being against equity and good conscience. Whether recovery of Mr. Smith's portion of the couple's overpayment can be waived will be evaluated separately.[60 FR 16375, Mar. 30, 1995]
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1980–2021 · leading case: Ruppert v. Sec'y of the United States Dep't of Health & Human Servs., 671 F. Supp. 151 (E.D.N.Y 1987).
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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. § 416.554 . Administration of the SSI program is deemed impeded because of the small amount involved upon consideration of the average administrative cost of handling a particular overpayment case *161 through the adjustment or recovery procedures.”
Harzewski v. Chater, 977 F. Supp. 217 (W.D.N.Y. 1997). “The regulations interpreting the statute provide that recovery of an overpayment will be deemed to be “against equity and good conscience” where “an individual changed his or her position for the worse or relinquished a valuable right because of reliance upon .”
Karlson v. Colvin, 17 F. Supp. 3d 432 (D.N.J. 2014). “If he was not “without fault,” the analysis can stop there and the Court must deny his application for waiver of his repayment obligation.”
Woods v. Shalala, 884 F. Supp. 156 (D.N.J. 1995). “[his/ her] position for the worse or relinquished a valuable right because of reliance upon a notice that payment would be made____” See 20 C.F.R. § 416.554 . Plaintiff mistakenly supports her argument by citing example 2 in the regulations.”
Meyer v. Sec'y of Health, Educ. & Welfare, 513 F. Supp. 41 (W.D. Mich. 1980). · cites it 2× “20 CFR 416.554 (1979) provides that: Waiver of adjustment or recovery of an overpayment is proper when the person on whose behalf waiver is being considered is without fault, as defined in § 416.”
Michael v. Comm'r of Soc. Sec. (M.D. Fla. 2021). · cites it 2× “See 20 C.F.R. § 416.554 . Section SI 02260.015 of the Program Operations Manual System (“POMS”) provides, in part, that in SSI cases, the SSA will find that recoupment is against equity and good conscience if it determines the claimant “failed to report a change because of…”
Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Dole, 919 F.2d 753 (D.C. Cir. 1990). “§ 1383 (b), 20 C.F.R. § 416.554 (1989) (supplemental security income).”
Tarnow v. Comm'r of Soc. Sec. (N.D. Ill. 2019). “at 3-6 (quoting 20 C.F.R. § 416.554 (emphasis in original)).”
Tarnow v. Comm'r of Soc. Sec. (N.D. Ill. 2019). “at 3-6 (quoting 20 C.F.R. § 416.554 (emphasis in original)).”
Bailey v. Apfel, 80 F. Supp. 2d 535 (D. Maryland 1999). “” 20 C.F.R. § 416.554 . The ALJ observed that Plaintiff allocated $50,125.”
Besbeas v. Chater, 898 F. Supp. 630 (N.D. Ill. 1995). “20 C.F.R. § 416.554 (a) (1994). Nominal dollar amounts are measured by the average administrative cost of the recovery process.”
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