And The Problem Will Just Get Worse Until The Agency Gets More Employees

      From an report by Social Security’s Office of Inspector General:

… To maintain accurate earnings information, SSA uses the earnings alert system to identify discrepancies between a recipient’s reported and actual wages. A discrepancy occurs when a recipient’s actual earnings differ from the earnings SSA used to calculate the SSI payment.

We identified 417,291 SSI recipients who had at least 1 pending earnings alert on their record as of September 2024. We randomly selected 100 of these recipients to determine whether SSA took appropriate action to resolve the alerts. 

SSA employees resolved earnings alerts for 20 of the 100 recipients we reviewed. However, Agency employees did not resolve earnings alerts for 80 recipients who had at least 1 earnings alert pending as of September 2024.

• For 63 recipients SSA employees did not start reviews of 37 earnings alerts and did not complete their reviews of 26 earnings alerts. As of April 2025, the 63 earnings alerts remained pending.
• For 17 recipients, SSA employees cleared the earnings alerts but did not verify and record all earnings that affected the SSI payment amounts.. their reviews of 26 earnings alerts. As of April 2025, the 63 earnings alerts remained pending.  …

Based on our sample results, we estimate SSA paid about 333,800 recipients approximately $1 billion that they would not have been eligible to receive had the Agency properly considered and fully developed their unreported earnings when it determined their SSI eligibility and associated payment amounts. .

Is It Sensible To Make It More Complicated For Someone To Pay You Money They Owe?

       From Social Security:

Social Security Transitions to Electronic Remittances - What You Need to Know

Date: Tuesday, July 14, 2026

Dear Colleague,

We are writing to share important information about how individuals can repay money they owe to the Social Security Administration (SSA). In support of Executive Order 14247, Modernizing Payments To and From America’s Bank Account, we are expanding secure digital payment options to make repayment faster, safer, and more convenient.

We are updating our notices to include electronic repayment options for individuals and will no longer ask individuals to mail checks or credit card forms to repay their debts. Mailed payments can be lost, delayed, or intercepted, which may put personal and financial information at risk. By highlighting secure electronic payment methods, we aim to reduce delays and provide a safer, more reliable repayment experience.

Individuals can make secure online payments through Pay.gov using their Remittance ID. They may also use their bank or credit union’s online bill payment service by selecting “Social Security Administration” as the payee and entering their Remittance ID in the account number field.

Individuals who cannot use the online options can call the Debt Management Unit at 1-855-807-8807, Monday through Friday, 8:00 a.m. to 4:30 p.m. local time.

For more information, visit the Repay Overpaid Benefits page.

Please share this information with your members, colleagues, affiliates, and other interested parties.

Sincerely,

Nick Perrine

Chief Communications Officer

No Sympathy For Fraudsters Like This

      From KMTV:

Christopher Storm was 17 years old, working at Pizza Hut and going to high school in Texas when his father died. He received survivor benefits from Social Security — roughly $500 a month — until he turned 18.

After a final, lump sum payment of roughly $3,000, he says benefits stopped when he came of age. Thirty years later, the government wants that money back.

Storm and his wife, Amy, expected a tax refund this year. Instead, they were told the IRS was claiming it for a past debt. The Social Security Administration says Storm was overpaid in 1996 and now owes almost $8,000. …

Some Overpayments Aren’t Worth Trying To Collect

      Social Security’s Office of Inspector General has issued a report on an investigation into the cost effectiveness of the agency’s efforts to collect small overpayments. Here’s an excerpt.

… Of the 250 low-dollar OASDI [Old Age, Survivors and Disability Insurance] overpayments we reviewed, SSA took actions on 50 (20 percent) that we did not consider cost-beneficial because it sent more notices to the overpaid individuals than required. Since SSA could not provide its average cost to send an overpayment notice, we applied the average cost to collect overpayments as reported in CAS during our audit period, and we did not consider it to have been cost-beneficial to recover these 50 overpayments. Specifically, we estimate SSA spent $14,492 to attempt to recover the 50 overpayments, which totaled $8,129. 

Projected to our population, we estimated SSA spent $4.6 million to recover almost 16,000 low-dollar OASDI overpayments totaling almost $2.6 million. Therefore, we estimate SSA spent about $2 million more than it would recover.  …

Critical Payment Errors

      From a report by Social Security’s Office of Inspector General:

An SSA employee initiates a critical payment when an Old-Age, Survivors, and Disability Insurance beneficiary or representative payee alerts SSA of a critical case or special situation when SSA is not paying regular monthly benefits, additional benefits are due, or a beneficiary reports they did not receive a monthly benefit. These include dire need, court orders, legislative mandates, and preliminary and expedited payments. …

We reviewed a random sample of 175 critical payments from a population of 3,549 issued in Fiscal Year 2023 …

We estimate SSA employees accurately processed about 44,000 (62 percent) of the 70,980 critical payments and did not accurately process about 27,000 (38 percent)—making over 28,000 errors when they processed the payments. About 2,800 of these errors resulted in the payments being incorrectly documented on beneficiaries’ records. For the remaining errors, we estimate the following. 

• Field office employees improperly paid approximately 6,900 beneficiaries about $1 million, but processing center employees identified the special situations and deductions from payment calculations during their post-payment review and adjusted future benefits due. 

•  About 8,100 of these errors resulted in SSA improperly paying beneficiaries $12 million because employees did not accurately adjust beneficiary records.

• SSA issued approximately 10,500 beneficiaries a Form SSA-1099, Social Security Benefit Statement, with a benefit total that was over- or understated by about $14 million because employees did not manually adjust records for replacement checks. …

Social Security Increases Minimum Repayment Of Overpayments From $10 A Month To $50

      Per an issuance in Social Security’s manual made on October 1 but just now posted online.

Here’s An Idea For The Commissioner

      From Social Security’s Office of Inspector

 While SSA has made progress implementing corrective actions for both the OASDI and SSI programs, the Agency did not demonstrate improvements to payment integrity or achieve its tolerable improper payment rate for the SSI program. The SSI improper payment rate increased from 9.41 percent (approximately $5.3 billion) in Fiscal Year (FY) 2019 to 10.62 percent (approximately $6.5 billion) in FY 2023.

According to SSA, the Agency’s reliance on self-reporting by beneficiaries, recipients, and their representative payees—who are required to notify SSA when a change occurs affecting their SSI eligibility or payment amounts—leads to many improper payments.  Failure to report these changes continues to be a primary cause of overpayments. 

One of the leading causes of overpayments to SSI recipients is recipients’ unreported resources in financial accounts that exceed allowable amounts. SSA has tools, such as the Access to Financial Institutions (AFI) program, to help identify excess resources.  Using AFI, SSA verifies alleged bank account balances with financial institutions and searches for undisclosed accounts at geographically relevant locations.  SSA uses AFI when it processes initial SSI applications and periodic eligibility redeterminations.

However, according to SSA, in FY 2023, 89 percent of overpayments resulting from excess resources in financial accounts occurred because of recipients’ changes after SSA approved their initial SSI applications or completed eligibility redeterminations. 

OIG estimates SSA could have prevented approximately $2 billion in overpayments in FY 2023 had it performed AFI searches between approving recipients’ initial applications and completing redeterminations.

OIG previously recommended SSA conduct a study to expand the use of AFI.  SSA has not implemented this recommendation.

     The problem with implementing this is probably the delay it would cause but, hey, it’s only SSI so it wouldn’t matter to a Republican if the benefits are never paid! 

Default Overpayment Recovery Rate To Be 50%

      Newly issued Social Security Emergency Message EM 25029 indicates that the default overpayment recovery rate will be 50%, not 100% as feared. It had been 10% for about the last year. Also, those already told they had a 10% recovery rate won’t see that rate rise.

Going Back To 100% Overpayment Withholding

      I warned this might happen. From Social Security’s blog:

The Social Security Administration (SSA) announced it will increase the default overpayment withholding rate for Social Security beneficiaries to 100 percent of a person’s monthly benefit. The Office of the Chief Actuary estimates this change will result in an increase in overpayment recoveries (i.e., a program savings) of about $7 billion in the next decade. …

As of March 27, the agency will begin mailing notices about the new 100 percent withholding rate, rather than the recent adjustment of just 10 percent. The withholding rate change applies to new overpayments related to Social Security benefits. The withholding rate for current beneficiaries with an overpayment before March 27 will not change and no action is required. The withholding rate for Supplemental Security Income overpayments remains 10 percent. …

     They announced this late on a Friday afternoon.  I wonder why.

     O’Malley’s change should have been placed in the regs where it wouldn’t be so easily reversed.

New Overpayment Waiver Policies

     From a new issuance to Social Security's POMS manual:

Household income at or below 150 percent of the Federal Poverty Level (FPL) and limited resources

We will also waive the overpayment under the deemed to defeat the purpose provision, if the overpaid individual's and their household family member's income is at or below 150 percent of the FPL [Federal Poverty Level]; and their resources are within the limit for defeats the purpose, refer to GN 02250.100E. We assume that an individual who meets the resource limit and has a household income of 150 percent of the FPL needs substantially all of their income to meet all of their current ordinary necessary living expenses, so there is no need to review their expenses.   

     And from another new POMS issuance referenced above:

To determine recovery of an overpayment defeats the purpose (meaning the individual doesn't have the ability to repay), we must find that:

• The overpaid individual needs substantially all of their current income to meet their current ordinary and necessary living expenses (i.e., the monthly household income does not exceed monthly current ordinary and necessary living expenses by more than $250), per GN 02250.100C and GN 02250.100D; and
• The overpaid individual has no more than $6,000 in resources or $10,000 if the individual has one other household family member. If the individual has more than one other household family member, add $1,200 for each additional household family member to their resource limit, per GN 02250.100E.

Overpayment Changes Written In The Sand?

    From a press release issued by Social Security on March 20 of this year:

Social Security Commissioner Martin O'Malley today announced he is taking four vital steps to immediately address overpayment issues customers and the agency have experienced. ...

Our deeper understanding of the complexities of this problem has set us on the following course of action:

1. Starting next Monday, March 25, we will be ceasing the heavy-handed practice of intercepting 100 percent of an overpaid beneficiary's monthly Social Security benefit by default if they fail to respond to our demand for repayment. Moving forward, we will now use a much more reasonable default withholding rate of 10 percent of monthly benefits — similar to the current rate in the Supplemental Security Income (SSI) program.
2. We will be reframing our guidance and procedures so that the burden of proof shifts away from the claimant in determining whether there is any evidence that the claimant was at fault in causing the overpayment.
3. For the vast majority of beneficiaries who request to work out a repayment plan, we recently changed our policy so that we will approve repayment plans of up to 60 months. To qualify, Social Security beneficiaries would only need to provide a verbal summary of their income, resources, and expenses, and recipients of the means-tested SSI program would not need to provide even this summary. This change extended this easier repayment option by an additional two years (from 36 to 60 months).
4. And finally, we will be making it much easier for overpaid beneficiaries to request a waiver of repayment, in the event they believe themselves to have been without any fault and/or without the ability to repay.

        This has all been implemented via an Emergency Message and changes in the agency's POMS manual. Social Security says it has reduced the number of people affected by withholding the entire monthly check from 46,000 to 7,000. The problem is that none of these changes have the force and effect of law, as a regulation would. Everything O'Malley has done on overpayments could be easily undone by a simple memo. Regulations can be amended but the process takes time. It's much less likely to be done. Maybe the agency was working on regs and didn't get finished. Maybe it was thought that a subsequent administration wouldn't change this. Maybe they won't but I wouldn't be surprised if this one does. Have you noticed that the incoming administration seems a little bloody-minded?

    One other thing that O'Malley talked about was a statute of limitations on the collection of overpayments. I thought he could have done this by a regulation but, apparently, his agency eventually decided that Congress would have to amend the statutes, which, of course, is impossible.

They Could Do A Much Better Job If They Weren't So Understaffed

     From Challenges in Recovering Supplemental Security Income Overpayments, a report by Social Security's Office of Inspector General (OIG):

... SSA made errors on overpayments for 189 (47 percent) of the 400 sampled SSI recipients because it did not follow policies or use all available tools, to prevent, detect, or recover SSI overpayments. For example, overpayments could have been prevented or detected earlier, but employees made errors when they redetermined SSI eligibility. A redetermination is a review of a recipient or couple’s non-medical eligibility factors (that is, income, resources, and living arrangements) to determine whether the recipient or couple is still eligible for, and receiving, the correct SSI payment amount.

Errors also occurred because employees did not always (1) send recipients complete and accurate due-process notices before they initiated recovery of overpayments; (2) follow policy when they processed waivers of overpayments; or (3) follow policy and use available tools to recover overpayments. When SSA identifies an overpayment, it sends the overpaid person written notification of the overpayment’s cause and amount. Overpayment recovery can begin 60 days after SSA notifies the recipient of the overpayment if they have not requested a waiver of the overpayment collection or a reconsideration of the overpayment facts. If the individual is receiving SSI payments, SSA should begin recovery by withholding from ongoing payments. If the individual is no longer receiving SSI payments, SSA should attempt collection through various means including withholding from ongoing payments to a liable representative payee or spouse, cross-program recovery, referral for external collection through the Department of the Treasury or pursuing recovery from estates.

We estimate SSA did not follow its policies or use all available tools to prevent, detect, or recover SSI overpayments for 1.9 million recipients. For 1.7 million of these recipients, we estimated error amounts totaling over $7 billion. ...

    Not only does Social Security lack the manpower to do what OIG recommends, OIG fails to recognize that most of these SSI overpayments are small so going after all of them using every possible mechanism would not be cost-effective.

I Thought That Job One At The Payment Centers Was To Pay People

     From Reducing Processing Centers’ Pending Actions, a report by Social Security's Office of Inspector General (OIG):

...  SSA met its annual PC [Payment Center] pending actions performance measure goal in 4 of the 6 FYs [Fiscal Years] between FY 2018 through 2023. SSA reported it did not meet its goals in the remaining 2 FYs because of unexpected staff reductions, increased workloads, and less than expected overtime funding it would have used to pay employees to process more PC pending actions.

Although SSA achieved its PC pending actions performance goals in 4 of the last 6 FYs, there was no overall reduction in PC pending actions over those 6 years. In fact, the PC pending actions backlog increased from 3.2 million in FY 2018 to 4.6 million in FY 2023. As the backlog grows, many PC pending actions remain unresolved for long periods of time. From a sample of 139 pending actions, 102 (73 percent) were pending for 300 days or more, with 60 of the 102 pending for 500 days or more.

Delays in processing PC pending actions can lead to higher improper payments, which increased some beneficiaries’ financial burden as they waited longer for underpayments or were charged with increased overpayment amounts. If SSA resolved the PC pending actions we reviewed at the earliest possible instance, we estimate it would have determined approximately 528,000 beneficiaries were improperly paid approximately $534 million. After the pending actions were not processed for 12 months, the improper payment amount for those same beneficiaries rose to approximately $756 million. By the time of our review, many of the PC pending actions had been pending for longer than 12 months, and the improper payment amount had increased to approximately $1.1 billion.

    Notice that it didn't seem to bother OIG that the payment centers were frequently failing to pay benefits for long periods of time. The only thing they seemed to have been concerned about was an increase in overpayments. This in a nutshell is the OIG outlook on the Social Security world -- It doesn't matter when or if you pay claimants what they're due; the only thing that counts is that you not overpay them. That outlook is a prescription for disaster for claimants.

Overpayment Administrative Tolerance Changing From $1,000 To $2,000 Today

     From Emergency Message EM-24019:

... Effective May 13, 2024, we are updating the administrative waiver tolerance policy to improve customer service, reduce the burden to overpaid individuals, and increase front-line staff efficiency. We are implementing the following changes: ...

· Increased the administrative waiver tolerance amount from $1,000 to $2,000 for Title II and Title XVI. ...

    What does this mean? It means that if you have an overpayment below $2,000 it will now be waived pretty much automatically -- as long as you ask for waiver.

O'Malley Trashed

     Mark Warshawsky, of the right wing American Enterprise Institute, has written an op ed for the Baltimore Sun trashing Social Security's Commissioner, Martin O'Malley. Warshawsky blames O'Malley for asking for greater operating funds for Social Security. He says that the increasing number of people drawing Social Security benefits is large irrelevant to the agency's workload since it is mostly retirees who put little burden on the system. He says that the agency's real problem with getting its workload done is employees working from home and Social Security adding a new step in the process of disability review in 2019 and 2020. I don't know what new step he's talking about here. Of course, there's also the problem that in 2019 and 2020 O'Malley wasn't the Commissioner and Biden wasn't the President. Warshawsky goes on criticize what O'Malley is doing about overpayments and O'Malley's failure to adopt new regulations drafted while Republicans were in office to deny far more disability claimants. By the way, Republicans could have adopted those regulations but were no more eager than O'Malley to do so and for good reason. They're not justified by the data not to mention that all hell would break loose if they were adopted.

    By the way, not to knock the Baltimore Sun, which is a fine newspaper, but I'm betting that the New York Times, the Washington Post and the Wall Street Journal passed on this piece before the Sun finally agreed to publish it.

Tidbits On The 800 Number And Overpayments

     WPXI, a television station in Pittsburgh, has been covering Social Security's overpayment problems. Here's some excerpts from a recent story they've run:

... We sat down with the new Commissioner of the Social Security Administration, Martin O’Malley. ...

One of the most significant changes went into effect last Monday. It ensures anyone facing a new overpayment has at most,10 percent of their check withheld to recoup overpayment debt, not the 100-percent claw back the agency had been using; however, for the millions of people already facing overpayments, it’s not automatic. Due to staffing challenges, the solution is for beneficiaries to request a waiver or an adjustment by calling 1-800-772-1213. ...

11 Investigates decided to try that 1-800 number. The wait time when we called it was ‘greater than 60 minutes.’ We didn’t clog up the line by waiting to talk to a representative, but we did notice you can now request a call back instead of waiting on hold. ...

Commissioner O’Malley says you can file a waiver as many times as you want. If a beneficiary requests a rate lower than 10 percent to be withheld to recoup overpayment debt, it will be approved if the money can be repaid within 60 months or five years.  ...

    I had not heard about a call back feature for Social Security's 800 number. That might be an improvement. What experiences are others having with this?

    My guess is that the reporter misunderstood O'Malley or that the Commissioner misspoke about filing waiver requests as often as one likes. That requires clarification.

Emergency Message On Change In Default Rate For Collecting Overpayments

     The Social Security Administration has issued Emergency Message EM-24011 SEN on the recent decision by the Commissioner to change the default rate of benefit withholding where there's been an alleged overpayment. It's labeled as "SEN" because they consider it sensitive. It's labeled at the top as "NOT TO BE SHARED WITH THE PUBLIC" but they are sharing it after redacting significant portions of the message. I don't get a feel for what's in the redacted part.

Rep Payee Fighting Overpayment

     From WMAR:

A Maryland senior is fighting an overpayment notice from the Social Security Administration. The additional money was supposedly paid out to her brother, but now the agency is withholding her monthly retirement benefits.

“They caught their mistake and tried to collect the money, but he had passed," said Everlon Moulton, whose brother died in 2006. Moulton said shortly before then, she had become his financial representative. ...

According to a letter sent to Moulton last November, Congress passed a law permitting the Social Security Administration to collect Supplemental Security Income (SSI) overpayments from the individual's payee. The SSA identified payments to Moulton's brother, while he was still alive, that exceeded the amount he should've received. Moulton said she never used money designated for her brother and was informed that $233 will be deducted from her monthly retirement benefits until the nearly $6,900 overpayment to her brother is settled. ...

    If she only became the representative payee shortly before her brother died how did she become responsible for a debt that must have accrued before she became involved?

More Details On Plan To Reduce Overpayment Harshness

     From a press release:

Social Security Commissioner Martin O’Malley today announced he is taking four vital steps to immediately address overpayment issues customers and the agency have experienced. ...

1. Starting next Monday, March 25, we will be ceasing the heavy-handed practice of intercepting 100 percent of an overpaid beneficiary’s monthly Social Security benefit by default if they fail to respond to our demand for repayment. Moving forward, we will now use a much more reasonable default withholding rate of 10 percent of monthly benefits — similar to the current rate in the Supplemental Security Income (SSI) program.
2. We will be reframing our guidance and procedures so that the burden of proof shifts away from the claimant in determining whether there is any evidence that the claimant was at fault in causing the overpayment.
3. For the vast majority of beneficiaries who request to work out a repayment plan, we recently changed our policy so that we will approve repayment plans of up to 60 months. To qualify, Social Security beneficiaries would only need to provide a verbal summary of their income, resources, and expenses, and recipients of the means-tested SSI program would not need to provide even this summary. This change extended this easier repayment option by an additional two years (from 36 to 60 months).
4. And finally, we will be making it much easier for overpaid beneficiaries to request a waiver of repayment, in the event they believe themselves to have been without any fault and/or without the ability to repay. ...

    You may recall that on January 4 I posted on What Can Social Security Do About Overpayments If It Really Wants To? There's much similarity between what I posted then and what the Commissioner announced. I doubt that my post had anything to do with what Social Security decided to do. Both they and I were looking at statutes and regulations to see what could be done about the overpayment problems that were on the news and on the minds of members of Congress. We both came to much the same conclusion that there was plenty that could be done, especially with the "against equity and good conscience" provision in the statute. 

    By the way, I've read comments saying that Social Security is required by statutes and regulations to collect 100% of the benefits of an overpaid individual until they collect the overpayment, making the Commissioner's announcement illegal. Look at what I posted on January 4. There's ample wiggle room to default to a 10% repayment schedule as the Commissioner announced. It's pretty straight forward.

O'Malley Testimony To Senate Aging Committee -- And Note The Overpayment Changes

     Social Security Commissioner Martin O'Malley testified before the Senate Aging Committee today. Here's are some excerpts from his written testimony (emphasis added):

...Currently – due to the extended continuing resolution (CR) that we are under in FY 2024 – we have stopped all hiring, and our staffing levels have already fallen below where they were in April of last year. If we continue this path of no hiring, we will fall to a new all-time low of around 55,000 full-time permanent staff by the end of this fiscal year – nearly 11 percent lower than the roughly 62,000 full-time permanent staff we averaged from 2010 through 2019.

Similarly, the State disability determination services (DDS) were able to make some progress increasing their staffing levels in FY 2023, following years of record-high attrition and a historically low staffing level in FY 2022. But in FY 2024, the DDS have quickly dropped below last year’s staffing levels due to our pause in hiring given the funding level, which is leading to a severe setback in addressing a service delivery crisis. ...

Members may be surprised to learn that Social Security has now been reduced to operate on less than one percent of its annual benefit payments. This is extremely low – much lower than private insurance companies. For instance, Allstate operates on 19 percent of its annual benefit payments, and Liberty Mutual operates on nearly 24 percent of its annual benefit payments. ...

Under the current system, Social Security’s operating overhead, as a share of benefit outlays, has shrunk by 20 percent over the last ten years. ...

People who try to reach us by phone are now waiting on hold for 38 minutes or more on a dysfunctional 800 Number system. ...

Starting next Monday, March 25, we will be ceasing the heavy-handed practice of intercepting 100 percent of an overpaid beneficiary’s monthly Social Security benefit by default if they fail to respond to our demand for repayment. Moving forward, we will now use a much more reasonable default withholding rate of 10 percent of monthly benefits — similar to the current rate in the SSI program.

We will be reframing our guidance and procedures so that the burden of proof shifts away from the claimant in determining whether there is any evidence that the claimant was at fault in causing the overpayment. ...