Protecting Elders From Government Error Act

The Protecting Elders From Government Error Act would limit the federal government’s ability to recover overpayments of Social Security old-age benefits when the error was made by the Commissioner and the overpayment occurred more than six months prior to discovery. It would prohibit recovery entirely in such cases and cap benefit withholdings at 5% of the monthly payment amount for recovery efforts, unless fraud is involved. The bill applies only to old-age insurance benefits under Title II of the Social Security Act and excludes cases where the recipient has committed fraud or similar fault. These changes would take effect upon enactment and apply to outstanding overpayments on or after that date.