Section 210 of the Social Security Protection Act of 2004 expanded the Social Security
Administration’s (SSA) authority to conduct CPR. The 2004 amendment of Section 1147
of the Social Security Act (Act) permits SSA to recover Social Security (title II),
Special Veterans Benefits (title VIII), and Supplemental Security Income (title XVI)
overpayments from a debtor by decreasing any amount payable to that debtor under title
II, title VIII, or title XVI. With the change in the law, a debtor does not have to
provide permission for SSA to collect the overpayment from any program benefit due
In general, CPR may recover only ten percent of a monthly benefit paid.
The law limits the amount of CPR recovery from regularly due monthly title XVI benefits
to the lesser of:
the amount of that monthly benefit; or
ten percent of the debtor’s income for that month. Such income includes the monthly
benefit but excludes payments under title II when we are recovering a title II overpayment
from title II benefits and income excluded under section 1612(b) of the Act.
In addition, the law provides that none of the above limits on CPR recovery apply
if the debtor requests a greater CPR recovery or if the debtor, or the spouse of the
debtor, was involved in willful misrepresentation or concealment of material information
in connection with the overpayment amount.