Effective Dates: 12/27/2023 - Present Previous | Next

TN 26 (05-25)

SI 02201.021 Supplemental Security Income Overpayment: Who Is Liable (Responsible) for Repayment? Overpaid Individual Is Deceased

CITATIONS:

Social Security Act §§ 1631(b)(1)(A),(b)(2); 20 C.F.R. § 416.570

A. Introduction

We must recover Supplemental Security Income (SSI) overpayments even, in some instances, when the overpaid individual is deceased. These instructions provide guidance for recovering overpayments to deceased individuals.

B. Policy for determining liability for repayment of a deceased individual’s overpayment

1. After an overpaid individual has died, we will pursue recovery of the outstanding overpayment balance from:

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    A liable representative payee (payee) or their estate, for payments received on behalf of a deceased individual for months after the month of the individual's death. The payee or their estate is solely liable, refer to SI 02201.021C, and we will recover regardless of the amount of the overpayment;

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    A surviving liable spouse. For more information on an eligible spouse, refer to SI 02201.022;

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    A surviving sponsor of an eligible non-citizen. For specific instructions for handling issues related to recovery from a non-citizen's a sponsor that technicians must follow, as appropriate, refer to SI 02220.065;

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    The deceased overpaid individual's estate in the absence of a surviving liable spouse or surviving sponsor of a non-citizen; or

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    The estate of the liable spouse or non-citizen, if we cannot recover from the deceased individual's estate.

2. When an estate is liable

When an estate is liable, we may also recover from the distributees or the legal representative of the estate. For more information about recovery from an estate, refer to SI 02220.045C.7.

C. Procedures for recovery when there is a liable payee

For purposes of these instructions, a "liable payee" is a payee who received SSI payments on behalf of the deceased individual for months after the month of the deceased individual's death. The instructions in this section do not apply to cases of payee misuse. For information on payee misuse, refer to sensitive instruction GN 00604.000.

Any payments we issue to a payee on behalf of the deceased individual for months after the month of the deceased individual’s death are overpayments that the payee, or the payee’s estate, is solely liable for repaying to us. Regardless of the overpayment amount, we will issue notice of the overpayment and seek recovery from the liable payee, their estate, and distributees of the estate.

For instructions on recovering the deceased individual's overpayment from the liable payee when the payee receives Title II or Title XVI payments, refer to SI 02201.023.

For instructions on recovering the deceased individual's overpayment from the liable payee when the payee does not receive Title II or Title XVI payments, refer to GN 02403.001.

D. Recovery when there is fraud

1. Indications that the overpayment was the result of fraud

If there are indications that the overpayment was the result of fraud, we refer the case to the Office of the Inspector General (OIG) and temporarily stop collection, refer to SI 04070.010.

2. Notification and recovery

Regardless of the amount of the overpayment, if the deceased overpaid individual, the liable spouse, or sponsor of a non-citizen committed fraud, we will issue notice of the overpayment and pursue recovery from:

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    The estate of the liable individual whose fraud caused the overpayment;

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    Any other surviving liable individual (i.e., the surviving liable spouse or surviving sponsor of an eligible non-citizen);

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    The estate of the liable spouse or sponsor, if the deceased individual has no estate, and there is no other surviving liable individual.

3. When an estate is liable

When an estate is liable, we may also recover from distributees or the legal representative of the estate. For more information on recovery from an estate, refer to SI 02220.045C.

E. Recovery when there is no liable payee or fraud

When there is no liable payee or fraud, recovery of an overpayment after an overpaid individual's death depends on the amount of the outstanding overpayment. If there is a liable payee, refer to SI 02201.021C. If there is fraud, refer to SI 02201.021D.

1. Overpayment is $30 or less

if the amount of the unresolved overpayment or the amount of the outstanding overpayment balance is $30 or less, we determine the amount to be uncollectibe because, consistent with stewardship obligations and the efficient administration of the SSI program, the cost of recovering the overpayment would likely exceed the amount recovered.

2. Overpayment is more than $30 but not more than $3,000

If the amount of the unresolved overpayment or the amount of the outstanding overpayment balance is more than $30 but not more than $3,000, and there is no:

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    Surviving liable spouse; or

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    Surviving sponsor of a non-citizen

    We notify the deceased individual's estate of the overpayment. However, we will not pursue further recovery from the estate because the costs of recovery would be expected to exceed the amount recovered.

3. Overpayment is more than $3,000

If the amount of the unresolved overpayment, or the outstanding overpayment balance in the month of the overpaid individuals death is more than $3,000, and there is no surviving liable spouse or surviving sponsor of a non-citizen, determine whether the deceased individual has an estate.

4. Estate liability

a. Deceased overpaid individual has an estate

If the deceased individual has an estate, recover the overpayment from the estate. We may also recover from the distributees or the legal representative of the estate. For more information on estate liability, refer to SI 02220.045, GN 02215.050B, and GN 02215.070.

b. Deceased overpaid individual does not have an estate

If the deceased overpaid individual does not have an estate and we cannot recover from the distributees or legal representative of the estate, determine whether the eligible spouse or sponsor of a non-citizen has an estate. If there is an estate, recover the overpayment from the estate, or the distributees or legal representative of the estate. For more information on SSI overpayment recovery from an estate, distributee, or an estate's legal representative, refer to SI 02220.045B.

F. When to discontinue recovery efforts

Discontinue recovery efforts if:

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    There is no liable payee, estate of the payee, or any distributees, or legal representative from whom we can recover;

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    There is no surviving liable spouse, surviving sponsor of a non-citizen, or indication of fraud;

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    The overpaid individual does not have an estate and we cannot recover from distributees or a legal representative of an estate; and

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    The liable spouse or sponsor of a non-citizen does not have an estate, and we cannot recover from distributees or a legal representative of the estate.

For policies and procedures for terminating overpayment recovery efforts from a deceased overpaid individual, refer to SI 02220.053.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502201021
SI 02201.021 - Supplemental Security Income Overpayment: Who Is Liable (Responsible) for Repayment? Overpaid Individual Is Deceased - 12/27/2023
Batch run: 05/16/2025
Rev:12/27/2023