I 

118TH CONGRESS 

2D SESSION H. R. 8265 

To amend the Social Security Act to require a 120-day period between 

notice of an overpayment of benefits under titles II and XVI and beginning recovery of such overpayment, and to require the Commissioner 

of Social Security to submit a report to Congress on a strategy related 

to recovery of such overpayments. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2024 

Ms. CARAVEO (for herself and Mr. ALLRED) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Social Security Act to require a 120-day 

period between notice of an overpayment of benefits 

under titles II and XVI and beginning recovery of such 

overpayment, and to require the Commissioner of Social 

Security to submit a report to Congress on a strategy 

related to recovery of such overpayments. 

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 ‘‘Social Security Over5 payment Fairness Act’’. 


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1 SEC. 2. NOTICE REQUIREMENT. 

2 (a) TITLE II AMENDMENT.—Subparagraph (A) of 

3 section 204(a)(1) of the Social Security Act (42 U.S.C. 

4 404) is amended— 

5 (1) by striking ‘‘With respect’’ and inserting 

6 ‘‘(i) With respect’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(ii) In the case of a payment to a person of 

9 more than the correct amount, the Commissioner 

10 shall commence proper adjustment or recovery not 

11 earlier than 120 days after providing notice to the 

12 individual of the payment of more than the correct 

13 amount.’’. 

14 (b) TITLE XVI AMENDMENT.—Section 1631(b)(1) of 

15 such Act (42 U.S.C. 1383(b)(1)) is amended by adding 

16 at the end the following: 

17 ‘‘(C) In the case of a payment of more than the cor18 rect amount of benefits, the Commissioner shall commence 

19 proper adjustment or recovery not earlier than 120 days 

20 after providing notice to the individual of the payment of 

21 more than the correct amount.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this Act shall take effect on the date of enactment of this 

24 Act, and shall be effective with respect to overpayments 

25 under titles II and XVI of the Social Security Act that 

26 are outstanding on or after such date. 


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1 SEC. 3. REPORT ON STRATEGIES FOR OVERPAYMENT RE2 COVERY. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Commissioner of Social Security shall sub5 mit to Congress a strategy relating to the recovery of over6 payments of old-age, survivors, and disability insurance 

7 benefits under title II of the Social Security Act and sup8 plemental security income benefits under title XVI of such 

9 Act. The strategy shall seek to achieve the objectives that 

10 follow: 

11 (1) Improving the process of reviewing changes 

12 in information reported by beneficiaries; 

13 (2) Expanding efforts to limit discrepancies in 

14 accuracy resulting from beneficiaries self-reporting 

15 information; 

16 (3) Improving efforts to prevent and track over17 payments to beneficiaries. 

18 (4) Ensuring due process is followed in recov19 ering overpayments. 

20 (5) Improving and increasing written and oral 

21 communication between the Social Security Adminis22 tration and beneficiaries in relation to the recovery 

23 of overpayments. 


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1 (6) Propose fair and reasonable benefit with2 holding amounts designed to avoid undue financial 

3 strain on beneficiaries. 

Æ 


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