Social Security Eliminates Overpayment Burden

Social Security Eliminates Overpayment Burden for Social Security Beneficiaries – Automatic Overpayment Recovery Rate Reduced to 10 Percent

March 29, 2024 

By Jeffrey Buckner, Acting Deputy Commissioner for Communications
Reading Time: 3 Minutes; Last Updated: March 29, 2024

Social Security announced it will decrease the default overpayment withholding rate for Social Security beneficiaries to ten percent (or $10, whichever is greater) from 100 percent, significantly reducing financial hardship on people with overpayments.

“Social Security is taking a critically important step towards our goal of ensuring our overpayment policies are fair, equitable, and do not unduly harm anyone,” said Martin O’Malley, Commissioner of Social Security.  “It’s unconscionable that someone would find themselves facing homelessness or unable to pay bills, because Social Security withheld their entire payment for recovery of an overpayment.”

The agency works to pay the right people the right amounts at the right time, and Social Security issues correct payments in most cases.  However, there is room to improve, as people count on the agency to prevent overpayments from happening and make it easier to navigate the recovery and waiver processes when they occur.

When a person has been overpaid, the law requires the agency to seek repayment, which can create financial difficulties for beneficiaries.  As of March 25, 2024, the agency will collect ten percent (or $10, whichever is greater) of the total monthly Social Security benefit to recover an overpayment, rather than collecting 100 percent as was previous procedure.  There will be limited exceptions to this change, such as when an overpayment resulted from fraud.

There will be a short transition period where people will continue to experience the older policy.  People placed in 100 percent withholding during this transition period should call Social Security’s National 800 Number at 1-800-772-1213 to lower their withholding rate.

The change applies to new overpayments.  If beneficiaries already have an overpayment with a withholding rate greater than ten percent and would like a lower recovery rate, they too should call Social Security at 1-800-772-1213 or their local Social Security office to speak with a representative.  If a beneficiary requests a rate lower than ten percent, a representative will approve the request if it allows recovery of the overpayment within 60 months – a recent increase to improve how the agency serves its customers from the previous policy of only 36 months.  If the beneficiary’s proposed rate would extend recovery of the overpayment beyond 60 months, the Social Security representative will gather income, resource, and expense information from the beneficiary to make a determination.

Social Security launched a comprehensive review in October 2023 of agency overpayment policies and procedures to address payment accuracy systematically. Learn about Overpayments and Our Process and read our Press Release.  This procedure change is a direct result of the ongoing review.  This change and the adjustment to 60-month repayment are part of four recently announced key updates to address improper payments.  The agency also is working to reduce wage-related improper payments by establishing information exchanges with payroll data providers that will significantly reduce the number of improper payments, once implemented.  The agency will continue examining programmatic policy and making regulatory and sub-regulatory changes to improve the overpayment process.

Additionally, people have the right to appeal the overpayment decision or the amount.  They can ask Social Security to waive collection of the overpayment, if they believe it was not their fault and can’t afford to pay it back.  The agency does not pursue recoveries while an initial appeal or waiver is pending.  Even if people do not want to appeal or request a waiver, they should contact the agency if the planned withholding would cause hardship.  Social Security has flexible repayment options, including repayment of as low as $10 per month.  Each person’s situation is unique, and the agency handles overpayments on a case-by-case basis.

Give Us the Ballot

Clift Notes: Absentee Voting in Tennessee

By Christina Clift

At the age of eighteen every American is granted the right to vote in local, state, and federal elections. It is a right that hundreds of thousands of people have fought, marched, and died to defend. However, people with disabilities may be excluded from voting. The Americans with Disabilities Act was enacted thirty-four years ago and requires that every voting option be accessible to voters with disabilities so that all voters can vote independently and privately whether in person or by mail. 

Since the ADA, the disability community has fought for accessible polling locations, accessible voting machines, and assisted in training polling officials. Things have gotten better. Yet, voters with print disabilities in Tennessee still do not have the ability to cast their absentee ballot in private or independently. In Tennessee absentee voting still remains as inaccessible today as it was fifty years ago. Shocking Right?

But there is hope on the horizon thanks to proposed legislation by the National Federation of the Blind Tennessee. The purpose of the Print Disability Absentee Ballot Accessibility Act is to increase voter access for people who have print disabilities. In-person voters consistently face barriers such as malfunctioning accessible voting machines, with polling officials lacking the ability to fix them or make even minor corrections. In rural areas transportation to the polls is challenging or nonexistent, so getting to a polling site is sometimes impossible. 

The Tennessee voting by mail system is also inaccessible. Blind voters and other people with comparable print disabilities are unable to mark their paper ballots independently. As a result, people with print disabilities must rely on others to mark their ballots, giving them no privacy, an unsecure vote, and very little independence. This violates the rights afforded by the ADA. In today’s political climate in which every vote matters would you want to have someone else marking your ballot without being able to see that it was done correctly? Do you want someone else to know who you voted for, especially if it is different from theirs? Privacy and independence are a critical part of each citizen's vote.

The Solution:

• The Print Disability Absentee Voting Act will allow people with print disabilities to receive an electronic delivery of their mail-in ballot just like our veterans serving overseas.

• Tennesseans with print disabilities will be able to fill out their accessible ballot independently using large print, screen readers, or other accessible means, ensuring that their ballots truly point to the candidate they wish to vote for.

• Then, the ballot will be printed out and mailed to their local voting district.  

Memphis needs an Office on Disability

People with disabilities are a growing and important part of our community. We are not going away. However, in Memphis and Shelby County, we have no coordination of public policy.

The Memphis area desperately needs an Office on Disability. While the population of people with disabilities is growing in our area, the impact of disability is also being felt more in employment, housing and transportation. Often, people with disabilities are the poorest of the poor and many of our group are over 60. We need to be proactive in including people with disabilities in everything.

Not including people with disabilities often leads to isolation and segregation. It makes our community into a burden and a problem rather than participants in solutions. An Office on Disability can create a coordinated, efficient and common-sense approach to disability issues in the Memphis Area. 

Here are seven effective reasons why a city should have an office of disability:

1. Accessibility and Inclusivity: An office of disability can focus on making the city more accessible and inclusive for individuals with disabilities. This includes ensuring that public spaces, transportation, and buildings are compliant with the ADA.
   
   
2. Advocacy and Representation: The office can serve as a voice for the disabled community, advocating for their rights and needs in various city initiatives, policies, and programs.
   
   
3. Policy Development: A dedicated office can actively participate in the development of disability-related policies and regulations. This can include drafting laws that promote disability rights, employment opportunities, and social services that cater to the specific needs of residents and visitors with disabilities.
   
   
4. Coordination of Services: The office can act as a central hub for coordinating services and resources for disabled individuals. 
   
   
5. Public Awareness and Education: Promoting awareness and education about disability issues, needs and rights is crucial for fostering a more inclusive and understanding community. 
   
   
6. Employment Support: Facilitating employment opportunities for individuals with disabilities is vital for their economic independence and social inclusion. 
   
   
7. Emergency Preparedness: An office of disability can play a key role in developing and implementing emergency preparedness plans that account for the unique needs of residents with disabilities, ensuring their safety and well-being during crises.

In summary, an Office of Disability can serve as a valuable resource for promoting accessibility, inclusion, and equity. By addressing the specific needs and concerns of individuals with disabilities, families, and community stakeholders such an office contributes to an equitable urban environment.

Equity in Transportation

By Allison Donald

As Memphis embarks on the change in leadership with MATA we must continue to push for inclusion, accessibility, and a transportation system that works for everyone. 

On Feb 4, 2024 Transit Equity Day and Rosa Parks’ birthday the work goes on. Regardless of where folks live, access to public transit impacts all Americans. Improving public transit will benefit the environment, our physical health, the economy, socially, culturally, and increase independence.

Over thirteen percent of the Memphis population of 618,626 have disabilities. According to the AAPD, of the nearly two million people with disabilities who never leave their homes, 560,000 never leave their homes because of transportation difficulties. 

Equity in transportation seeks fairness in mobility and accessibility to meet the needs of all community members. A central goal of transportation equity is to facilitate social and economic

opportunities by providing equitable levels of access to affordable and reliable transportation

options based on the needs of the populations being served, particularly populations that are

traditionally underserved. 

This population group includes low income individuals, minority individuals, elderly persons, children, and persons with disabilities. Paratransit service is crucial for those individuals who rely on it to get around. Failure of paratransit to show up or to provide effective service not only causes frustration but can also cause missed health appointments and employment problems for those who need to get to work.

“People always say that I didn’t give up my seat because I was tired, but that isn’t true. I was not tired physically, or no more tired than I usually was at the end of a working day. I was not old, although some people have an image of me as being old then. I was forty-two. No, the only tired I was, was tired of giving in” 

• Rosa Parks.

If you have questions about transit equity or how you can become involved in the advocacy

efforts, please contact Disability Connection Midsouth at 901-726-6406 or visit

http://www.disabilitymidsouth.org for the latest updates.