I 

116TH CONGRESS 

2D SESSION H. R. 7830 

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 HOUSE OF REPRESENTATIVES 

JULY 29, 2020 

Mr. DANNY K. DAVIS of Illinois (for himself, Mr. LARSON of Connecticut, Mr. 

NEAL, Mr. BEYER, Mr. BLUMENAUER, Mr. BRENDAN F. BOYLE of 

Pennsylvania, Ms. JUDY CHU of California, Mr. EVANS, Mr. GOMEZ, Mr. 

HIGGINS of New York, Mr. KILDEE, Ms. MOORE, Mrs. MURPHY of Florida, Mr. PANETTA, Mr. PASCRELL, Ms. PORTER, Ms. SA ́NCHEZ, Mr. 

SCHNEIDER, Ms. SEWELL of Alabama, Mr. SUOZZI, Mr. THOMPSON of 

California, and Mr. HORSFORD) introduced the following bill; which was 

referred to the Committee on Ways and Means, and in addition to the 

Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 and People with Disabilities During COVID-19 Act of 

4 2020’’. 

5 SEC. 2. SOCIAL SECURITY BENEFICIARY PROTECTIONS RE6 GARDING INCORRECT PAYMENTS DURING 

7 COVID-19. 

8 (a) NO LIABILITY OR RECOVERY WITH RESPECT TO

9 CERTAIN INCORRECT PAYMENTS.— 

10 (1) IN GENERAL.—Notwithstanding any other 

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

12 of the Social Security Act, in the case of any pay13 ment under title II, title VIII, or title XVI of such 

14 Act of more than the correct amount for any month 

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

16 ending on December 31, 2020 (other than a pay17 ment described in paragraph (2)), no person, estate, 

18 State, or organization shall be liable for the repay19 ment of the amount of such payment in excess of 

20 the correct amount and the Commissioner of Social 

21 Security shall not seek recovery of benefits under 

22 section 204, 808, 1147, or 1631(b) from any person, 

23 estate, State, or organization. 

24 (2) AMOUNTS SUBJECT TO LIABILITY AND RE25 COVERY.— 


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

2 this paragraph is a payment of more than the 

3 correct amount resulting from— 

4 (i) a conviction for an offense under 

5 section 208(a), 811, or 1632(a); 

6 (ii) a redetermination of the entitle7 ment of an individual to benefits made 

8 under section 205(u) or 1631(e)(7) when 

9 there is reason to believe that an incorrect 

10 or incomplete statement that is material to 

11 determining such entitlement is knowingly 

12 made or that information that is material 

13 to the determination is knowingly con14 cealed; or 

15 (iii) a determination that a represent16 ative payee misused benefits made under 

17 section 205(j), 807, or 1631(a)(2). 

18 (B) LIMITATION.—For purposes of para19 graph (1), this paragraph shall not apply with 

20 respect to any payment of more than the cor21 rect amount resulting from an offense or deter22 mination that occurred before March 1, 2020. 

23 (b) NOTIFICATIONS; SUSPENSION OF RECOVERY

24 UPON REQUEST.— 


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1 (1) RECOVERY BY ADJUSTMENT OF BENE2 FITS.— 

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

4 31, 2020, the Commissioner of Social Security 

5 shall— 

6 (i) notify each covered individual of 

7 the opportunity to request that the adjust8 ment of benefits described in subparagraph 

9 (B) be reduced or suspended during the 

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

11 (ii) reduce or suspend (as requested) 

12 such adjustment immediately upon receipt 

13 of the request. 

14 (B) COVERED INDIVIDUAL.—In this para15 graph, the term ‘‘covered individual’’ means an 

16 individual with respect to whom the recovery of 

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

18 XVI of the Social Security Act of more than the 

19 correct amount (other than a payment de20 scribed in subparagraph (A) of paragraph 

21 (a)(2)) is in effect, by adjustment of the indi22 vidual’s monthly benefits or underpayments, for 

23 any month during the period described in sub24 section (a)(1). 


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1 (2) RECOVERY BY INSTALLMENT AGREE2 MENTS.—Not later than October 31, 2020, the Com3 missioner of Social Security shall notify each party 

4 owing a debt to the Social Security Administration 

5 (other than a debt arising from a payment described 

6 in subparagraph (A) of paragraph (a)(2)) with re7 spect to which an installment agreement is in effect 

8 of the opportunity to request that the installment 

9 payments under such agreement be suspended dur10 ing the period described in subsection (a)(1), and 

11 shall suspend such payments upon request. The 

12 Commissioner shall deem a debt for which such a 

13 suspension has been made to be not delinquent dur14 ing such period. 

15 (c) REPORT.—Not later than September 30, 2020, 

16 the Commissioner of Social Security shall submit a report 

17 to the Committee on Ways and Means of the House of 

18 Representatives and the Committee on Finance of the 

19 Senate describing the Commissioner’s activities under this 

20 section, including a planned timeframe for the resumption 

21 of overpayment processing and collection, and any barriers 

22 or obstacles to that timeframe. 

23 (d) DEEMED ELIGIBILITY FOR SSI FOR PURPOSES

24 OF DETERMINING MEDICAID ELIGIBILITY.— 


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1 (1) IN GENERAL.—Notwithstanding any provi2 sion of title XVI or title XIX of the Social Security 

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

4 individual who receives a covered supplemental pay5 ment for any month during the period described in 

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

7 be ineligible for such payment shall be deemed to be 

8 a recipient of supplemental security income benefits 

9 under title XVI or State supplementary benefits of 

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

11 (or payments of the type described in section 212(a) 

12 of Public Law 93–66), as the case may be, for such 

13 month for purposes of determining the individual’s 

14 eligibility for medical assistance under a State plan 

15 approved under title XIX of the Social Security Act 

16 (42 U.S.C. 1396 et seq.) (or a waiver of such plan). 

17 (2) COVERED SUPPLEMENTAL PAYMENT.—For 

18 purposes of this subsection, a covered supplemental 

19 payment is— 

20 (A) a payment of a supplemental security 

21 income benefit under title XVI of the Social Se22 curity Act; or 

23 (B) a State supplementary payment of the 

24 type referred to in section 1616(a) of such title 


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1 (or a payment of the type described in section 

2 212(a) of Public Law 93–66). 

Æ 


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