SSA will adjust Title II and Title XVI past-due benefits by the amount of any overpayment
that occurred during the past-due benefits period that results from the court decision.
In a favorable decision rendered by a court, any current overpayment will be calculated
based on months for which the claimant was overpaid during the past-due benefit period
that results from the court decision, through the month before the month of the court's
If a Title II auxiliary beneficiaries or a Title XVI spouse in an SSI couples case
is currently overpaid, SSA will adjust only the auxiliary beneficiaries’ or spouse’s
past-due benefits amount that results from the court decision, not the claimant's
or any other auxiliary's past-due benefits.
SSA will not use overpayments incurred for months in or after the month a favorable
court judgment is issued to offset the amount of past-due benefits it withholds for
payment of the attorney's fee.