The person from whom recovery is sought must be legally liable for refunding the overpayment
            (GN 02205.001 - GN 02205.007).
         
         In representative payee cases, the U.S. Attorney will consider recovery from both
            the payee and the beneficiary provided:
         
         
            - 
               
                  • 
                     Both are liable for repayment; and 
 
 
- 
               
                  • 
                     Formal demand has been made on both payee and beneficiary (or, if the beneficiary
                        is incompetent because of minority or mental disability, on his/ her guardian, parent,
                        or other representative); and
                      
 
 
- 
               
                  • 
                     Each has sufficient income or financial resources to repay the debt. 
 
 
In some cases an overpayment has been made to a beneficiary on his/her own behalf
            and also as representative payee on behalf of another beneficiary, such as mother
            and child. In such a case, there may be joint and several, as well as separate, liability.
            The beneficiary is solely liable for the overpayment made to him/her and may, as a
            representative payee, be jointly and severally liable with the beneficiary on whose
            behalf he/she received an incorrect payment.