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Protecting Americans from Social Security Clawbacks Act
To amend the Social Security Act to place limitations on recovery of overpayments under titles II and XVI.
Summary
This bill limits the Social Security Administration's ability to recover overpayments made to beneficiaries under Social Security retirement, survivor, and disability benefits (Title II) and Supplemental Security Income (Title XVI). Under the bill, the Social Security Administration cannot recover an overpayment if the overpayment occurred more than three years before discovery and resulted from an error by the agency rather than the beneficiary. The limitation does not apply if the beneficiary committed fraud or similar misconduct related to the program. The bill applies these same restrictions to both Social Security programs.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Carey, Mike [R-OH-15] (R-OH)
1 cosponsor
Actions (4)
- Dec 17, 2024 Referred to the Subcommittee on Social Security. · house
- Dec 17, 2024 Referred to the Subcommittee on Work and Welfare. · house
- Aug 20, 2024 Referred to the House Committee on Ways and Means. · house
- Aug 20, 2024 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
August 20, 2024
Mr. Carey (for himself and Mrs. Sykes) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Social Security Act to place limitations on recovery of overpayments under titles II and XVI.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Protecting Americans from Social Security Clawbacks Act”.
SEC. 2. LIMITATION ON RECOVERY OF OVERPAYMENTS.
(a) Title II Amendment.—
(1) In general.—Section 204(a)(1)(A) of the Social Security Act (42 U.S.C. 404(a)(1)(A)) is amended—
(A) by striking “With respect” and inserting
“(i) With respect”; and
(B) by adding at the end the following:
“(ii) In any case in which the Commissioner finds that more than the correct amount of payment has been made to a person, recovery from the person may not be made if—
“(I) the overpayment occurred more than 3 years before the date of the finding; and
“(II) the overpayment was a result of error on the part of the Commissioner.
“(iii) Clause (ii) shall not apply to a person if the Commissioner determines that the person has ever committed fraud or similar fault with respect to the program under this title.”.
(2) Conforming amendment.—Section 204(a)(2) of such Act (42 U.S.C. 404(a)(2)) is amended by striking “Notwithstanding” and inserting “Subject to clauses (ii) and
(iii) of paragraph (1)(A), but notwithstanding”.
(b) Title XVI Amendments.—
(1) In general.—Section 1631(b)(1) of such Act (42 U.S.C. 1383(b)(1)) is amended by adding at the end the following:
“(C)(i) In any case in which the Commissioner finds that more than the correct amount of payment has been made to a person, recovery from the person may not be made if—
“(I) the overpayment occurred more than 3 years before the date of the finding; and
“(II) the overpayment was a result of error on the part of the Commissioner.
“(ii) Clause (i) shall not apply to a person if the Commissioner determines that the person has ever committed fraud or similar fault with respect to the program under this title.”.
(2) Conforming amendment.—Section 1631(b)(2) of such Act (42 U.S.C. 1383(b)(2)) is amended by striking “Notwithstanding” and inserting “Subject to paragraph
(1)(C), but notwithstanding”. <all>
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