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| SSA | RIN: 0960-AI75 | Publication ID: Fall 2022 |
| Title: ●Access to Financial Institutions for Waivers | |
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Abstract:
Since the implementation of the Bipartisan Budget Act of 2015, section 834, the agency has required overpaid individuals to provide financial authorization for Social Security to obtain their financial records for purposes to determine their ability to repay an overpayment. Codifying section 834 in the regulations is necessary to ensure uniformity and consistency in the interpretation and application of the section in terms of defeats the purpose waiver determinations. We propose to revise 20 CFR 404.508 and 20 CFR 416.553 to include the requirement for individuals to provide authorization for Social Security to obtain financial information from any financial institution whenever Social Security determines the record is needed in connection with a defeats the purpose determination. If an individual refuses to provide, or revokes, any authorization for Social Security to obtain the financial record, Social Security may, on that basis, determine that adjustment or recovery would not defeat the purpose of this title. |
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| Agency: Social Security Administration(SSA) | Priority: Other Significant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 20 CFR 404.508 20 CFR 416.553 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
| Legal Authority: Bipartisan Budget Act of 2015, Sec. 834 Social Security Act 204(b) Social Security Act 1631(b)(1)(B) | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Teleah Moore Social Security Administration 6401 Security Boulevard, Baltimore, MD 21235 Phone:410 966-2791 |
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