Bills of Congress by U.S. Congress

H.R.2142 - Social Security Overpayment Relief Act (119th Congress)

Summary

H.R.2142, the Social Security Overpayment Relief Act, aims to amend the Social Security Act by limiting the recovery of overpayments under titles II and XVI to a ten-year period. This means that the Social Security Administration (SSA) would be barred from recovering overpayments that occurred more than ten years prior to the date the Commissioner determines an overpayment was made. The bill affects both Social Security benefits (Title II) and Supplemental Security Income (SSI) benefits (Title XVI).

Expected Effects

If enacted, this bill would prevent the SSA from pursuing recovery of old overpayments, potentially benefiting individuals who received overpayments more than ten years ago. This could lead to reduced financial strain for some beneficiaries. However, it might also affect the SSA's ability to recoup funds, potentially impacting the overall solvency of the Social Security system in the long term.

Potential Benefits

  • Prevents the SSA from recovering overpayments that occurred more than ten years prior to the discovery of the overpayment.
  • Reduces financial burden on individuals who may have received overpayments long ago.
  • Provides clarity and a defined timeframe for overpayment recovery, enhancing predictability for beneficiaries.
  • Could lead to fewer cases of hardship caused by the recovery of old debts.
  • Simplifies the administrative process for the SSA by eliminating the need to track and recover very old overpayments.

Potential Disadvantages

  • May reduce the funds available to the Social Security system, potentially affecting its long-term solvency.
  • Could be perceived as unfair to those who have repaid their overpayments promptly.
  • Might incentivize individuals to delay reporting potential overpayments, hoping they will fall outside the ten-year window.
  • Could create administrative challenges in determining the exact date an overpayment occurred.
  • May lead to increased scrutiny and stricter enforcement of overpayment rules for more recent cases.

Constitutional Alignment

The bill appears to align with the Constitution's general welfare clause (Preamble). Congress has the power to legislate regarding Social Security under its authority to provide for the general welfare. The bill does not appear to infringe upon any specific constitutional rights or protections. Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).