Clients can now download their Social Security Benefits Statements for the past six years from their My Social Security account. A Benefit Statement shows the total amount of benefits a person received from Social Security in a calendar year.  (Social Security Dear Colleague Letter, November 29, 2023.)

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.)

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.)

The Social Security Administration has provided instructions for processing Supplemental Security Income (SSI) claims for citizens of Cuba, Haiti, Nicaragua, and Venezuela who are paroled into the United States by the Department of Homeland Security (DHS).

Individuals under the “Cuban Haitian Nicaraguan and Venezuelan parole process” can potentially receive SSI. To determine eligibility for SSI, the Social Security Administration must evaluate and verify the parole states and determine if the parolee meets one of the listed conditions for their country.

For Cuba and Haiti Nationals, documents that qualify as evidence of parole status are Employment Authorized Document (EAD) with a C11 category, unexpired passport, or an unexpired Form I-94 with a code of CHP for Cuban Humanitarian parolee or HHP for Haitian Humanitarian Parolee.

A Cuban or Haitian parolee might also be a Cuban/Haitian entrant (CHE) which is a distinct status that is separate from the January authorization. If the parolee has the CHE status they are eligible for SSI up to seven years.

If the parolee is not a CHE then SSI eligibility ends on the expiration date of parole status.

For Nicaraguan Nationals, documents that qualify for evidence of parolee status are an Employment Authorization Document with a C11 category, unexpired passport, or unexpired Form I-94 with a Class of Admission of Nicaraguan Humanitarian Parolee.

A Nicaraguan parolee is eligible for SSI if they one of the exceptions that allows for immigrant eligibility for SSI.  If they do not meet one of the exceptions, their SSI eligibility expires at the end of the parole status.

For Venezuelan Nationals, documents that qualify for evidence of parolee status are an Employment Authorization Document with a C11 category, unexpired passport, or unexpired Form I-94 with a Class of Admission for Venezuelan Humanitarian Parolee. They may also have an expired passport, the expired passport is valid for five years after the expiration date listed on the passport.

A Venezuelan parolee is eligible for SSI if they meet one of the exceptions that allows for immigrant eligibility for SSI.  If they do not meet one of the exceptions, their SSI eligibility expires at the end of the parole status.  (Social Security EM-23020.)

The Social Security Administration has issued a ruling about determining fraud and similar fault in evaluations initial applications for disability benefits.

Social Security must disregard evidence if there a reason to believe fraud or similar fault was involved in providing that evidence.  This can include disregarding evidence provided by someone who has not committed fraud or similar fault, but whose evidence relies on other evidence involving fraud or similar fault.  Fraud is defined as “when a person, with the intent to defraud, either makes or causes to be made, a false statement or misrepresentation of a material fact for use in determining rights under the Act; or conceals or fails to disclose a material fact for use in determining rights under the Act.” Similar fault is defined as “an incorrect or incomplete statement that is material to the determination is knowingly made or information that is material to the determination is knowingly concealed.”

If evidence is disregarded, Social Security evaluates the remaining evidence in the record to determine eligibility.

At a hearing, the administrative law judge considers objections to disregarding the evidence and then decides whether there is reason to believe that fraud or similar fault was involved in providing the evidence.

The Notice of Determination or Order must identify documents being disregarded and discuss the evidence that supports a finding to disregard the evidence, and then provide a determination or decision based on the remaining evidence in the record. (SSR 22-2p, May 17, 2022.)