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.