Changes to Social Security overpayment policies

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.)

Posted in SSI

Change to SSI In Kind income rule for food

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.)

Posted in SSI

Social Security and SSI overpayments

Overpayments of Social Security and Supplemental Security Income (SSI) benefits happen when recipients get more benefits than they are entitled to.  When there is an overpayment allegation, recipients have four options:

  • Repay the overpayment
  • Request an appeal
  • Request waiver of the overpayment. Wavier is available if the recipient is without fault in the overpayment, and repayment would be a hardship.  A recipient can request waiver by filing the SSA-632-BK form at their local Social Security office.  If the overpayment is less than $1,000, recipients can call Social Security at 1-800-772-1213 or their local Social Security office to request waiver verbally.
  • Request a lower repayment amount. Social Security can grant a lower repayment amount if the person is unable to meet their necessary living expenses, or is unable to repayment the debt within 60 months.  Note that the 60 month timeframe is a change in Social Security Administration policy.  A person can request a lower repayment amount by filing the SSA-634 form at their local Social Security. (Social Security Dear Colleague Letter, March 7, 2024.)
Posted in SSI

Local Social Security Office Mobile Check-In

Social Security offices have enabled a Mobile Check-In feature.  To use Mobile Check-in, clients scan the QR code at the Social Security office they are visiting to check in for both scheduled and unscheduled visits.  The Mobile Check-in requires clients to enable mobile location service and use the latest version of their internet browser.  Clients will need to be at the Social Security office when their ticket number is called.  Clients will need to enable mobile notifications.

Mobile Check-In will show clients their place in line, alert when someone is able to assist, provide the interview location, and invite participation in a feedback survey.  (Social Security Dear Colleague Letter, October 24, 2023.)

Posted in SSI

Full child support pass-through for former CalWORKs recipients child only CalWORKs cases

The California Department of Social Services (CDSS) has issued guidance regarding full pass through of collected child support for CalWORKs recipients child only CalWORKs cases.

Effective January 1, 2024, or when automation is completed, whichever is later, all child support collected must be passed through to former recipients and to CalWORKs recipients where only the children receive benefits (known as K1 and 3F families).  Any pass through payments that cannot be delivered to former CalWORKs recipients for six months will be used to recoup CalWORKs paid to the former recipient.  The former recipient family can make a claim with the Local Child Support Agency for the recouped funds within 12 months of the payment being sent for recoupment.

Also effective January 1, 2024, or when automation is completed, all support payments received in child only CalWORKs cases do not count as income for purposes of CalWORKs eligibility.

Child support payments received by a CalFresh or California Food Assistance household, including child support pass through payments, are counted as unearned income when determining CalFresh eligibility and benefit amount.

Child support payments are considered unearned income of the child when determining eligibility for Supplemental Security Income and Cash Assistance Program for Immigrants.  Any unspent child support payments count as a resource for Supplemental Security Income and Cash Assistance Program for Immigrants.  (ACL 23-93, November 6, 2023, and ACL 23-93E, December 27, 2023.)