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We propose to revise our rules relating to recovery of overpaid Social Security payments ("overpayment debt”). First, we propose to codify simplifications to procedures for demonstrating eligibility for waiver of recovery of overpayment debt. In regulations that explain our default rate of withholding when recovering overpayment debt from Title II benefit payments, we propose conforming revisions to align our regulation with subregulatory changes that went into effect in March 2024. In addition, we are conducting a broad review of overpayment policies and may propose further revisions as a result of the review. Our overall goal is to ensure that overpayment recovery does not unduly burden those in underserved, vulnerable, or marginalized communities.

The development of this regulation was informed by correspondences, meetings, and a listening session with advocacy groups representing claimants and beneficiaries. Advocacy partner feedback was critical in helping us to formulate new overpayment policies. For example, as a part of its commitments to DOJ’s Legal Aid Interagency Roundtable initiative, the Agency hosted a listening session with legal aid organizations in the summer of 2023 wherein stakeholders identified numerous challenges associated with navigating overpayment recovery processes.