The Social Security Administration has made several changes to its policies about waiver of overpayments. Social Security must now begin from a neutral position when determining fault and must develop the evidence regarding whether the individual was at fault in causing the overpayment.
Social Security will now presume that people are unable to repay the overpayment without additional documentation if they receive Supplemental Security Income, Temporary Assistance to Needy Families (CalWORKs in California), veterans means tested benefits, Supplemental Nutrition Assistance Program (CalFresh in California) or Medicare Part D Extra Help.
Social Security will also presume inability to repay for people with household income of 150 percent of the federal poverty or below, and resources within the established limits.
The resource limit for a waiver is increased to $6,000 for one person, $10,000 for a couple, plus $1,200 per additional dependent.
Households can now exclude two vehicles (or three in certain situations) from their resources when determining eligibility for a waiver.
People are now considered unable to repay an overpayment if their income does not exceed their ordinary and necessary household expenses by more than $250. (Social Security Dear Colleague Letter, November 25, 2024.)