The Social Security Appeals Council previously waited 25 days to act on a request for review.  Social Security has changed its policy and will no longer hold requests for review for 25 days.  Claimants who want additional time to submit evidence or argument must now elect for that on the Form HA 520 Request for Review of Hearing Decision.

Claimants and representatives can still request extensions to submit additional evidence to the Appeals Council.  (Social Security Dear Colleague Letter, April 13, 2023.)

Social Security periodically reviews the medical condition of all people receiving disability benefits.  The Continuing Disability Review report form and Authorization to Disclose Information to Social Security that recipients complete as part of the continuing disability review process can now be completed online using the recipient’s my Social Security account.  The report form will continue to be mailed to recipients.  The form can be returned by mail or completed online.  (Social Security Dear Colleague Letter, February 28, 2023.)

The Social Security Administration has published a final rule changing the In Kind Support and Maintenance (ISM) rule.  The ISM rule counted shelter that SSI recipient receives for less than fair market value as unearned income that could reduce Supplemental Security Income.  Effective September 30, 2024, only rent that is less than Social Security’s defined Presumed Market Value counts as ISM.  For 2024, the Presumed Market Value amount is $334.33.  (Social Security Dear Colleague Letter, April 17, 2024.)

The Social Security Administration has announced four changes to its policies about overpayments.

1. Reducing the default withholding rate for overpayments from Social Security benefits from 100 percent of monthly benefits to 10 percent of monthly benefits.
2. Shifting the burden of proof away from the claimant when determining whether the claimant was at fault in causing the overpayment. This change should make it easier to have waiver of overpayment granted.
3. Increasing the possible timeframe for a payment plan from 36 months to 60 months. This change should make it easier to enter into and follow repayment agreements.
4. Making it easier to request waiver of overpayment. The policy is not specific about now it will be easier to request waiver of overpayment.

The change in default withholding is effective March 25, 2024.  There is an exception when the overpayment is the result of fraud.

If people who receive overpayment notices are March 25, 2024 are incorrectly subject to 100 percent withholding, they should call 1-800-772-1213 to lower their withholding rate.

For overpayments established before March 25, 2024 that have a withholding rate greater than ten percent, people can ask for a lower recovery rate by callin Social Security at 1-800-772-1213 or contacting their local Social Security office. If a beneficiary requests a withholding rate lower than ten percent, Social Security can the request if the overpayment will be repaid within 60 months.  If the beneficiary’s proposed repayment rate would extend recovery of the overpayment beyond 60 months, Social Security will gather income, resource, and expense information from the beneficiary and make a determination about the repayment rate. (Social Security Dear Colleague Letters, March 20, 2024 and March 29, 2024.)

The Social Security Administration has announced four changes to its policies about overpayments.

1. Reducing the default withhold for overpayments from Social Security benefits from 100 percent of monthly benefits to 10 percent of monthly benefits.
2. Shifting the burden of proof away from the claimant when determining whether the claimant was at fault in causing the overpayment. This change should make it easier to have waiver of overpayment granted.
3. Increasing the possible timeframe for a payment plan from 36 months to 60 months. This change should make it easier to enter into and follow repayment agreements.
4. Making it easier to request waiver of overpayment. The policy is not specific about now it will be easier to request waiver of overpayment.

(Social Security Dear Colleague Letter, March 20, 2024.)

The Social Security Administration has published a final rule changing the In Kind Support and Maintenance (ISM) rule.  Currently, the ISM rule counts both food and shelter that a SSI recipient receives as unearned income that can reduce Supplemental Security Income.  The new rule counts only shelter and no longer counts food as in kind support that can count as income. The new rule is effective starting on September 30, 2024.  (Social Security Dear Colleague Letter, March 27, 2024.)