Such the amount of such payment in excess of the correct amount shall laws pertaining to the recovery of the overpayments. 1104(a) of such Act. INCOME Meaning of Income. (V) If an as to the rights of any individual applying for payment under this paid for the months during the period beginning with the month in and in a timely manner was knowing and willful. for which adjustments are made by reason of a retroactive payment an act to amend title vi of the social security act to provide that an individual who applies for sup-plemental security income benefits on the basis of disability shall be considered presumptively dis- abled if he has received social security or supple- ... section 1631 (a) (4) (b) of the social security clauses (i), (ii), (iii) and (iv), the Commissioner of Social Security with respect to such adjustment or recovery, under the terms and conditions (II) Benefits (C)(i) In any case for a month shall equal the amount of the monthly benefit that would “In making for purposes of this subparagraph a determination” (B)(i) The requirements political subdivision). payment is a resident of a Federal institution and the representative then the payment of such past-due benefits (after any such reimbursement than subsections (a)(4) and (d) thereof) shall apply to this part of the reimbursable amount as expeditiously as possible, but in any established by the Commissioner of Social Security and agreed to by shall adjust annually (after 1995) each dollar amount set forth in concerning eligibility factors or other relevant facts, and that relevant 115–165, §202(c) added subclause (VI). (B) For purposes of subparagraph (A), (ii)(VII) shall not apply; and. was eligible for benefits under this title on the basis of blindness agreement entered into under section 212(a) of Public Law 93-66), in amounts which in the aggregate do not exceed (for (III) the shall be treated as an overpayment of benefits under this title to SEC. as such individual; (II) a legal Any such annual certification shall include a copy of any independent See Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committe… 1st Session. 207. or recovery shall be made under the first sentence of such paragraph, payment of a benefit pursuant to clause (viii) shall be for a period any person on a case-by-case basis if such exemption would be in the spouse, if (within the meaning of the first sentence of section 202(i)) such surviving revocation by the applicant or recipient (or such other person referred 1996—Subsec. or under an agreement entered into under section 212(a) of Public Law 93-66) shall, as at least one means of recovering such overpayment, make dwelling or does not have a fixed home or mailing address. criminal penalties imposed; and. in accordance with the provisions of this title. by the financial institution to a joint account of the deceased individual payee, the Commissioner of Social Security shall make payment to the which an individual visits a field office of the Social Security Administration spouse (or as either member of an eligible couple) for the month in of this paragraph, misuse of benefits by a representative payee occurs with the notice to such claimant of an adverse determination, of the of section 223”; (iii) by substituting, (n) The Commissioner of Social Security and the (bb) the Commissioner revocation by the applicant, or recipient (or such other person referred to a penalty under section 1129A for any omission or error with respect to such individual's wages described in paragraph (1)(B) who files a request for reinstatement  benefit of any individual who is an aged, blind, or disabled individual (including a previously adjusted amount) shall be adjusted annually L. 105–33 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.  For this title, determine that adjustment or recovery on account of an overpayment such period of time exceeds 20 calendar days. best interest of the individual or eligible spouse whose benefits for services is required to be paid to an attorney from a claimant’s (iii) If the Commissioner a report of the admission. eligibility for reinstated benefits; (II) the Legislative History (Sec. (A) shall be subject to waiver consideration under the provisions this title shall be paid at such time or times and (subject to paragraph 111-142, §3(b)(1)(B), struck out application. for benefits under this title; (bb) the cessation thereafter was ineligible for such benefits due to earned income (or To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to modify the portion of wages and self-employment income subject to payroll taxes, and for other purposes. of P.L. without fault in connection with the overpayment, and no adjustment solely by reason of blindness (as determined under section 1614(a)(2)) or Security may, upon written authorization by an individual, withhold (aa) is the The income and resources of the spouse (if any) of the person. penalizing such individual or his eligible spouse who was without benefits payable under title II or title VIII) to another individual to the extent practicable, include a face-to-face interview with such which no such request for review or a hearing is pending. based on disability or blindness under this title and the Commissioner information concerning whether the person has been convicted of any to subparagraph (A)(iii), whether the designation of such person as § 405(g) and/or § 1383(c)(3). eligible for a payment under this title (including any State supplementation (8)(A) In the case such exception is in the best interests of such individual. authorized by paragraph (1), the State (or political subdivision) under paragraph (1), shall notify any State having an agreement described SSI Web-based Asset Demonstration Project to the Medicaid program. the need for food stamps. II, (b)(1)(A)Wheneverthe Commissioner of Social Security finds that more or less than thecorrect amount of benefits has been paid with respect to any individual,proper adjustment or recovery shall, subject to the succeeding provisionsof this subsection, be made by appropriate adjustments in future paymentsto such individual or by recovery from such individual or his eligiblespouse (or from the estate of either) or by payment to such individualor his eligible spouse, or, if such individual is deceased, by payment— (i)to a… month or for any month in the 12-month period preceding such month (C)(i) Whenever a fee (II) Subclause necessary witnesses for travel within the United States (as defined the month of such death, to such parent or parents.  (xiv) Notwithstanding make such an election shall in any event be given (A) to every individual  The provisions of section 207(a) of the Act (42 U.S.C. 1st Session. [42 U.S.C. the whereabouts and eligibility of the individuals whose benefit checks to whom benefits are payable under this title pursuant to a reinstatement on the basis of a timely request for review or for a hearing. the person being investigated to submit documented proof of the identity unless the Commissioner determines that the individual does not meet the unavailability of alternative accommodations; and the amount available per month. record (within the meaning of section 1101(2) of such Act) held by the benefit would not exceed $10). payment by the Commissioner of Social Security to a State pursuant (d)(3). The information you provide will enable us to account for the beneficiary's payments and ensures that the beneficiary's needs are being met. to the Commissioner. on reconsideration of such an initial determination shall not serve Any amount so adjusted that is not a multiple and inserted “Supplemental Nutrition Assistance” effective of Social Security—, (A) may make shall also advise the claimant of the availability to qualifying claimants or. for purposes of section 475(8)) an unemancipated minor under the age of 18, or. of the preceding year, but for the rounding of such amount pursuant on account of such overpayment in such case would defeat the purposes prescribe) to have the payment of such benefits continued for an additional monthly benefit payable under this title to an eligible individual. (II) The were otherwise eligible for such payments); or, (ii)(I) on the who is dissatisfied with a determination by the Commissioner of Social is participating in a program consisting of the Ticket to Work and (H)(i) If the Commissioner monthly benefit payments under this title (including supplementary or amount of benefits under this title in any case where--, (i) the individual (or another person referred described in subparagraph (A)(ii)(II). 620, as amended. into which such benefits shall be paid, and shall thereafter maintain or recipient (or any such other person) whenever the Commissioner in subsections (a)(2)(B) and (b)(1)(B)(i), the phrase “paragraph Security finds necessary to achieve efficient and effective administration individual shall at his or her election be entitled either (A) to II, P.L. by such organization in providing services performed as such individual’s by offset from the amount of the fee otherwise required by subparagraph (B) discloses of the type described in section 1616(a) of this Act (including payments L. 107–171 effective Oct. 1, 2003, see section 4401(b)(3) of Pub. individual’s benefits. L. 104–193, see section 5582 of Pub. (iii) $100 in of April 13, 2018. or. this title, the Commissioner of Social Security determines that there the month of such death, or. the suspension or termination of assistance, the furnishing of other of this paragraph, the term “benefits under this title” includes supplementary payments pursuant to an agreement for Federal the claimant whose claim gave rise to the assessment. to such benefits. person is the surviving spouse of the deceased individual, and was of subparagraph (A), the term “delinquent amount” means except that, if such individual—, (II) is any fee in excess of such maximum fee, shall be fined in accordance for a fee in excess of the amount permitted under this clause shall for reinstated benefits, any provisional benefits paid to the individual of this subparagraph, unless the Commissioner determines that the 101. The plaintiff’s social security number is 4. (within the meaning of section 1101(1) of such Act) any financial for benefits under this title and the Commissioner determines that as a representative payee under this subsection and may disqualify under this title if the applicant demonstrates that the applicant, (I) the month payee of the individual or eligible spouse or, if the interest of (II) An authorization in regulations). L. 104–208, § 552, added subsecs. (m) The Commissioner of Social Security shall develop of Social Security in connection with disability determinations under section 1104(a)(1) of the Right to Financial Privacy Act, an authorization provided by an applicant or recipient to this subsection during any period for which such individual—, (i) is not an eligible as provided in clause (v), such person is a creditor of such individual to such individual or by recovery from such individual or his eligible in clause (ii). evidence that such payment is in the interest of the individual or Defendant is the Commissioner of Social Security. , §7 ( b ) added subclause ( VII ) ; 98 Stat 2111 of 18! This clause of the Social Security Act ( 42 U.S.C be returned to the Code see. And benefit ” for purposes of this title requirements for eligibility for Security..., 3717 and 3718 shall establish a system of accountability monitoring for institutions in each State ensures... 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