Two members of Congress, U.S. Rep. John B. Larson (D-Connecticut) and U.S. Rep. Danny K. Davis, recently sent a letter to Social Security Commissioner Andrew Saul demanding that Social Security forgive the repayment of extra benefits paid to beneficiaries. Below is a portion of the press release issued by Larson’s office December 17, 2020.
Today, House Ways and Means Social Security Subcommittee Chairman John B. Larson (D-CT) and Worker and Family Support Subcommittee Chairman Danny K. Davis (D-IL) sent a letter to Social Security Administration (SSA) Commissioner Andrew Saul demanding that SSA forgive repayment of extra benefits paid to Social Security and Supplemental Security Income (SSI) beneficiaries due to the COVID-19 pandemic. This fall, SSA began notifying beneficiaries about these extra benefit payments, which were paid through no fault of their own. SSA also set up a limited process for some beneficiaries to have repayment of their COVID-19 overpayments forgiven. However there have been widespread reports that many beneficiaries have been unable to access even this limited relief.
The four-page letter sent by Larson and Davis outline how Social Security made the mistake of paying these benefits, but are now receiving overpayment notices when Social Security has a relief mechanism for this situation. The letter states the rmechanism is inadequate to provide these overpaid beneficiaries relief. Below is a portion of the letter identifying the issues the two legislators are trying to get Saul to correct.
SSA’s relief for beneficiaries from COVID-19 overpayments is woefully inadequate.
At the end of August, SSA resumed overpayment processing and collection. At the same time, SSA issued an Interim Final Rule creating a temporary, streamlined process for beneficiaries to seek forgiveness from being forced to repay extra benefits paid between March 1, 2020 and September 30, 2020 due to the pandemic.
Under the Interim Final Rule, beneficiaries with qualifying COVID-19 overpayments do not have to undergo SSA’s standard waiver process – which requires that individuals complete extensive paperwork and provide supporting documentation about their income and expenses. Instead, under the Interim Final Rule, beneficiaries with qualifying COVID-19 overpayments “…should normally expect to be able to provide the necessary information over the phone while guided by our employees and without doing anything differently in advance of the call.”2 However, relief from COVID-19 overpayments is not granted automatically: beneficiaries must call their local SSA Field Office to ask for a waiver. In addition, the streamlined relief is only available for overpayments that SSA identifies by December 31, 2020.
We are alarmed by widespread reports suggesting that only a fraction of beneficiaries have been able to gain relief under SSA’s Interim Final Rule.
We have received numerous reports of beneficiaries with COVID-19 overpayments who called their local Field Office to ask for a streamlined waiver, only to be told that they must instead undergo SSA’s standard waiver process. We have also received reports that many beneficiaries with COVID-19 overpayments that started before the pandemic have been unable to access the streamlined waiver process. This is contrary to SSA’s policy under the Interim Final Rule, which states that, “… the portion of the overpayment that is attributable to the pandemic period qualifies for the streamlined process.” Even beneficiaries who have the assistance of attorneys skilled at navigating SSA rules and procedures have been unable to obtain the promised relief.
