Betsy Rosecan, NOSSCR Government Relations Director

On December 19, 2023, Congressman Ruben Gallego (D-AZ) introduced H.R. 6858, the Social Security Overpayment Relief Act. The bill has five cosponsors: one Republican and four Democrats. H.R. 6858 was referred to the House Committee on Ways and Means where it awaits further action. A companion bill has not yet been introduced in the Senate.

If enacted, this legislation would limit the lookback period for Social Security overpayments to ten years. NOSSCR supports the Social Security Overpayment Relief Act.

Bill Details:

SECTION 1. Short title.

This Act may be cited as the “Social Security Overpayment Relief Act”.

SEC. 2. Limitation on recovery of overpayments.

(a) Title II limitation.—Section 204 of the Social Security Act (42 U.S.C. 404) is amended by adding at the end the following:

“(h) In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person of an overpayment that occurred 10 or more years prior to the date on which the Commissioner finds that more than the correct amount of payment has been made to such person.”.

(b) Title XVI limitation.—Section 1631(b) of such Act (42 U.S.C. 1383(b)) is amended by adding at the end the following:

“(9) In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person of an overpayment that occurred 10 or more years prior to the date on which the Commissioner finds that more than the correct amount of payment has been made to such person.”.