II 

116TH CONGRESS 

2D SESSION S. 4830 

To provide protections to Social Security and Supplemental Security Income 

beneficiaries relating to extra payments due to the COVID–19 pandemic, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21 (legislative day, OCTOBER 19), 2020 

Mr. BROWN (for himself, Mr. CASEY, and Mr. WYDEN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To provide protections to Social Security and Supplemental 

Security Income beneficiaries relating to extra payments 

due to the COVID–19 pandemic, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness for Seniors 

5 and People with Disabilities During COVID–19 Act of 

6 2020’’. 


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1 SEC. 2. SOCIAL SECURITY BENEFICIARY PROTECTIONS RE2 GARDING INCORRECT PAYMENTS DURING 

3 COVID–19. 

4 (a) NO LIABILITY OR RECOVERY WITH RESPECT TO

5 CERTAIN INCORRECT PAYMENTS.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of title II, title VIII, title XI, or title XVI 

8 of the Social Security Act, in the case of any pay9 ment under title II, title VIII, or title XVI of such 

10 Act of more than the correct amount for any month 

11 during the period beginning on March 1, 2020, and 

12 ending on December 31, 2020 (other than a pay13 ment described in paragraph (2)), no person, estate, 

14 State, or organization shall be liable for the repay15 ment of the amount of such payment in excess of 

16 the correct amount and the Commissioner of Social 

17 Security shall not seek recovery of benefits under 

18 section 204, 808, 1147, or 1631(b) of such Act from 

19 any person, estate, State, or organization. 

20 (2) AMOUNTS SUBJECT TO LIABILITY AND RE21 COVERY.— 

22 (A) IN GENERAL.—A payment described in 

23 this paragraph is a payment of more than the 

24 correct amount resulting from— 


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1 (i) a conviction for an offense under 

2 section 208(a), 811, or 1632(a) of the So3 cial Security Act; 

4 (ii) a redetermination of the entitle5 ment of an individual to benefits made 

6 under section 205(u) or 1631(e)(7) of such 

7 Act when there is reason to believe that an 

8 incorrect or incomplete statement that is 

9 material to determining such entitlement is 

10 knowingly made or that information that is 

11 material to the determination is knowingly 

12 concealed; or 

13 (iii) a determination that a represent14 ative payee misused benefits made under 

15 section 205(j), 807, or 1631(a)(2) of such 

16 Act. 

17 (B) LIMITATION.—For purposes of para18 graph (1), this paragraph shall not apply with 

19 respect to any payment of more than the cor20 rect amount resulting from an offense or deter21 mination that occurred before March 1, 2020. 

22 (b) NOTIFICATIONS; SUSPENSION OF RECOVERY

23 UPON REQUEST.— 

24 (1) RECOVERY BY ADJUSTMENT OF BENE25 FITS.— 


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1 (A) IN GENERAL.—Not later than October 

2 31, 2020, the Commissioner of Social Security 

3 shall— 

4 (i) notify each covered individual of 

5 the opportunity to request that the adjust6 ment of benefits described in subparagraph 

7 (B) be reduced or suspended during the 

8 period described in subsection (a)(1); and 

9 (ii) reduce or suspend (as requested) 

10 such adjustment immediately upon receipt 

11 of the request. 

12 (B) COVERED INDIVIDUAL.—In this para13 graph, the term ‘‘covered individual’’ means an 

14 individual with respect to whom the recovery of 

15 any payment under title II, title VIII, or title 

16 XVI of the Social Security Act of more than the 

17 correct amount (other than a payment de18 scribed in subparagraph (A) of paragraph 

19 (a)(2)) is in effect, by adjustment of the indi20 vidual’s monthly benefits or underpayments, for 

21 any month during the period described in sub22 section (a)(1). 

23 (2) RECOVERY BY INSTALLMENT AGREE24 MENTS.—Not later than October 31, 2020, the Com25 missioner of Social Security shall notify each party 


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1 owing a debt to the Social Security Administration 

2 (other than a debt arising from a payment described 

3 in subparagraph (A) of paragraph (a)(2)) with re4 spect to which an installment agreement is in effect 

5 of the opportunity to request that the installment 

6 payments under such agreement be suspended dur7 ing the period described in subsection (a)(1), and 

8 shall suspend such payments upon request. The 

9 Commissioner shall deem a debt for which such a 

10 suspension has been made to be not delinquent dur11 ing such period. 

12 (c) REPORT.—Not later than November 30, 2020, 

13 the Commissioner of Social Security shall submit a report 

14 to the Committee on Finance of the Senate and the Com15 mittee on Ways and Means of the House of Representa16 tives describing the Commissioner’s activities under this 

17 section, including a planned timeframe for the resumption 

18 of overpayment processing and collection, and any barriers 

19 or obstacles to that timeframe. 

20 (d) DEEMED ELIGIBILITY FOR SSI FOR PURPOSES

21 OF DETERMINING MEDICAID ELIGIBILITY.— 

22 (1) IN GENERAL.—Notwithstanding any provi23 sion of title XVI or title XIX of the Social Security 

24 Act (or section 212(a) of Public Law 93–66), each 

25 individual who receives a covered supplemental payVerDate Sep 11 2014 21:48 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4830.IS S4830

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1 ment for any month during the period described in 

2 subsection (a)(1) and is subsequently determined to 

3 be ineligible for such payment shall be deemed to be 

4 a recipient of supplemental security income benefits 

5 under title XVI, State supplementary benefits of the 

6 type referred to in section 1616(a) of such Act, or 

7 payments of the type described in section 212(a) of 

8 Public Law 93–66, as the case may be, for such 

9 month for purposes of determining the individual’s 

10 eligibility for medical assistance under a State plan 

11 approved under title XIX of the Social Security Act 

12 (or a waiver of such plan). 

13 (2) COVERED SUPPLEMENTAL PAYMENT.—For 

14 purposes of this subsection, a covered supplemental 

15 payment is— 

16 (A) a payment of a supplemental security 

17 income benefit under title XVI of the Social Se18 curity Act; or 

19 (B) a State supplementary payment of the 

20 type referred to in section 1616(a) of such Act 

21 or a payment of the type described in section 

22 212(a) of Public Law 93–66. 

Æ 


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