December 19, 2023

Gallego, Graves Introduce Bipartisan Bill to Protect Seniors from Unfair Social Security Claw-Backs

PHOENIX, AZ – Reps. Ruben Gallego (AZ-03) and Garret Graves (LA-06) introduced bipartisan legislation to limit the Social Security Administration’s (SSA) overpayment lookback period to ten years, protecting Arizona’s 1.4 million Social Security recipients from the undo burden of having to pay back lifesaving funds that may arise from errors on the part of SSA.

“Arizona seniors should not be on the hook for decades-long failures of the Social Security Administration,” said Rep. Gallego. “That’s why I’m introducing this commonsense, bipartisan legislation to protect our seniors from unfair claw-backs to their much-needed Social Security payments.”

"Social Security is supposed to be a safety net, not a trap. Beneficiaries shouldn't have to shoulder the financial burden of the federal government's errors and inefficiencies," said Rep. Graves. "This legislation protects our seniors from unfair and unexpected claw backs of Social Security payments and holds the bureaucracy accountable for their mistakes."

Currently, an indefinite lookback period allows the SSA to collect funds from a recipient for an overpayment error going back decades, resulting in collection notices totaling tens or even hundreds of thousands of dollars. Rep. Gallego’s legislation would limit that period to ten years for Social Security, Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI) recipients. The lookback period limit would not apply to those who committed fraud or other crimes.

This bill comes after Rep. Gallego sent a letter to the SSA last month calling for more clarity on the SSA’s overpayment claw-back waiver process. Gallego requested information from SSA on the frequency of overpayments, the process for determining ‘equity and good conscience’ for exemptions, and how often exemptions are made.

Full text of the legislation can be found HERE.