Effective Dates: 10/17/2023 - Present Previous | Next

TN 15 (10-23)

SI 02201.022 SSI Responsibility - Eligible Couple Cases

A. Policy

1. Responsibility of members of eligible couple

When payments were received during the same period by both an individual and their eligible spouse and an overpayment results, each is individually responsible for repayment of their own overpayment as well as for the other member's overpayment.

Even if the members of a couple are no longer eligible as a couple (e.g., either now eligible as individuals or neither currently eligible, whether or not presently married and/or living together), each remains responsible for any overpayment.

Responsibility accrues at the time an overpayment occurs and does not shift because of a change in marital status.

2. Recovery priority

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    Attempt recovery first from the individually responsible person (including their representative payee or estate, if applicable).

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    If recovery proves to be unsuccessful against the individually responsible person, attempt recovery from the responsible spouse.

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    If waiver of recovery has been approved for the individually responsible person, do not pursue recovery from the responsible spouse.

3. Recovery waived

The member of the couple for whom waiver was not applicable is responsible for repayment only for the amount actually overpaid such individual (i.e., the amount for which the individual is individually responsible).

4. Offsetting

In rare situations, one member of a couple will have a collectible overpayment while the other member is due an underpayment. The underpayment due a member of a couple is not held solely to determine whether it may be applied to the overpayment of their liable spouse. The additional amounts due one member are netted against overpayment to the other only when:

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    The underpaid spouse offers to have their underpayment applied to the responsible spouse's overpayment; and

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    The overpaid spouse has exhausted their appeal rights.

B. Examples of issues involving repayment and offsetting for couples

1. Responsibility for repaying overpayment

An SSI recipient receiving a $513 monthly title XVI payment, reports marriage in August 2000 to another recipient receiving $513 monthly. Redetermination results in an adjustment of their payments, effective September 2000.

In December 2001, the recipient reports a divorce which was final November 2001. When redetermining eligibility and amount of payment, the interviewer becomes aware of previously unreported income for the first recipient resulting in a monthly $120 overpayment beginning July 2000. The individual is overpaid $120 a month July 2000 through August 2000, $60 a month September 2000 through November 2001, and $62 for December 2001 (note that based on the change in marital status the Federal benefit rate for December is $513). The other recipient is overpaid $60 monthly September 2000 through November 2001 (note that they are underpaid $122 for December 2001 but this underpayment will be offset against their overpayment).

Although the first recipient is responsible for their spouse's entire overpayment, they are responsible only for their September 2000 through November 2001 overpayment because they were eligible as a member of a couple for only those months.

2. Offsetting – Couples' Case

a. Example of not withholding underpayment to offset spouse's overpayment

An eligible couple have each been receiving $266 a month. In November, it is learned that one of the recipients is in a public institution which they entered in July (Medicaid is not paying). A Notice of Planned Action (SSA-L8155) is sent to stop their benefits effective January. In December, theyare notified of their $1,330 overpayment for the period August through December. Although the recipient is responsible for their spouse's overpayment (i.e., recovery will be sought from them if recovery from their spouse is unsuccessful), the underpayment of $352 due them for August through November should be paid along with their increased benefits effective December.

b. Example of non-SSI couple at the time of overpayment

An individual had an overpayment of $1,000 which was being recovered by withholding $54 per month from their title XVI payment. In May they were married to an individual who filed for SSI disability benefits the same month. In September, the spouse received a favorable determination effective May. When establishing the couple record, the spouse's underpayment should not be offset against the individual's overpayment since they were not a “couple” at the time the overpayment occurred and, therefore, they are not responsible for repayment of their overpayment.

c. Example 1 of offsetting one member's overpayment with the other member's underpayment

In January 2020, we issue an initial overpayment notice to , an SSI recipient who has an SSI eligible spouse. The first recipient is overpaid $2,500.00. They file a reconsideration appeal in January 2020. We issue an unfavorable reconsideration decision in April 2020. They file a request for a hearing in April 2020. The ALJ issues an unfavorable decision in August 2020. They file a request for Appeals Council review in September 2020. The AC issues an unfavorable decision in March 2021. They file no further appeal on the overpayment decision. They do not request a waiver of the overpayment. In June 2021, their spouse, reports their verified earnings to SSA for the period March 2020 through April 2021 that are less than the estimates on which we based their SSI payments for that period. The eligible spouse is due an underpayment of $6,000.00. They offer to have $2,500.00 of their underpayment withheld to repay the first recipient's overpayment. We may apply part of the eligible spouse's underpayment to repay the first recipient's overpayment because the spouse offered, and their appeal rights have been exhausted.

d. Example 2 of offsetting one member's overpayment with the other member's underpayment

In January 2021, we issued an initial notice to an SSI recipient that they were overpaid $1,500.00 during the period of February 2020 through June 2020. They did not appeal the overpayment decision. In May 2021, their eligible spouse, reported their verified earnings for February 2020 through March 2021. Their verified earnings were less than the estimates on which we based their SSI payments for the period. The eligible spouse is due an underpayment of $5,500.00. The first recipient offers to have $1,500.00 of their underpayment applied to their eligible spouse's overpayment. We may accept their offer because their appeal rights have expired.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502201022
SI 02201.022 - SSI Responsibility - Eligible Couple Cases - 10/17/2023
Batch run: 10/17/2023
Rev:10/17/2023