---
kind: "section"
citation: "20 C.F.R. § 416.590"
title: "20"
number: "416.590"
heading: "Are there additional methods for recovery of title XVI benefit overpayments?"
url: "https://uscodex.org/cfr/20/416.590"
---

# §416.590. Are there additional methods for recovery of title XVI benefit overpayments?

- (a) **General.** In addition to the methods specified in §§ [416.560](/cfr/20/416.560.md), [416.570](/cfr/20/416.570.md), [416.572](/cfr/20/416.572.md) and [416.580](/cfr/20/416.580.md), we may recover an overpayment under title XVI of the Act from you under the rules in subparts [D](/cfr/20/part422-subpartD.md) and [E](/cfr/20/part422-subpartE.md) of part 422 of this chapter. [Subpart D of part 422](/cfr/20/part422-subpartD.md) of this chapter applies only under the following conditions:
  - (1) The overpayment occurred after you attained age 18;
  - (2) You are no longer entitled to benefits under title XVI of the Act; and
  - (3) Pursuant to [paragraph (b)](#b) of this section, we have determined that the overpayment is otherwise unrecoverable under [section 1631(b)](/cfr/20/1631.md?p=b) of the Act.
- (b) **When we consider an overpayment to be otherwise unrecoverable.** We consider an overpayment under title XVI of the Act to be otherwise unrecoverable under section 1631(b) of the Act if all of the following conditions are met:
  - (1) We have completed our billing system sequence (i.e., we have sent you an initial notice of the overpayment, a reminder notice, and a past-due notice) or we have suspended or terminated collection activity under applicable rules, such as, the Federal Claims Collection Standards in 31 CFR [903.2](/cfr/31/903.2.md) or [903.3](/cfr/31/903.3.md).
  - (2) We have not entered into an installment payment arrangement with you or, if we have entered into such an arrangement, you have failed to make any payment for two consecutive months.
  - (3) You have not requested waiver pursuant to [§ 416.550](/cfr/20/416.550.md) or [§ 416.582](/cfr/20/416.582.md) or, after a review conducted pursuant to those sections, we have determined that we will not waive collection of the overpayment.
  - (4) You have not requested reconsideration of the initial overpayment determination pursuant to §§ [416.1407](/cfr/20/416.1407.md) and [416.1409](/cfr/20/416.1409.md) or, after a review conducted pursuant to [§ 416.1413](/cfr/20/416.1413.md), we have affirmed all or part of the initial overpayment determination.
  - (5) We cannot recover your overpayment pursuant to [§ 416.570](/cfr/20/416.570.md) by adjustment of benefits payable to any individual other than you. For purposes of this paragraph, if you are a member of an eligible couple that is legally separated and/or living apart, we will deem unrecoverable from the other person that part of your overpayment which he or she did not receive.

## Notes

### Amendments

[66 FR 67081, Dec. 28, 2001, as amended at 68 FR 74184, Dec. 23, 2003]

### Authority

Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e), and 1631(a)-(d) and (g) of the Social Security Act (42 U.S.C. 902(a)(5), 1320b-17, 1381, 1381a, 1382(c) and (e), and 1383(a)-(d) and (g)); 31 U.S.C. 3716; 31 U.S.C. 3720A.

### Amendments

[66 FR 67081, Dec. 28, 2001, as amended at 68 FR 74184, Dec. 23, 2003]