Social Security Administration’s current commissioner, Martin O’Malley, was sworn in on December 20, 2023, pledging to bring sweeping changes to the Agency. This past week, Commissioner O’Malley submitted his resignation to President Biden. We expect that former Acting Commissioner, Carolyn Colvin, will once again step into the role of Acting Commissioner of SSA upon O’Malley’s resignation. Colvin previously served as Acting Commissioner from 2013-2017 and has been serving as Commissioner Emerita under O’Malley.
While some changes have been made, much work still needs to be done, and Congress may have to play a part. While Agency changes have seen bi-partisan support, future progress is unpredictable with a new administration and a change-up in Congress.
The largest change Commissioner O’Malley has been able to implement is a reduction in the number of people whose full monthly Social Security benefits are withheld to recoup overpayments. The number of beneficiaries affected dropped from 46,000 in January 2024 to 7,000 in September 2024.
However, other major policy changes, such as shifting the burden of proof so that the SSA has to prove overpayments were the recipient’s fault, have not yet been implemented.
Another particularly controversial issue is the lack of a statute of limitations on overpayment recoveries, with some beneficiaries facing demands for repayment from decades ago. Advocates are calling for a legal limit on how far back the SSA can go to collect overpayments, but the Agency has indicated that legislative action may be required to address this issue.
Despite calls for change, many beneficiaries still report poor customer service and difficulties resolving overpayment issues. This highlights the need for continued reforms to prevent further harm to vulnerable Social Security recipients. While our office cannot predict how the Agency will be run with a new administration, we will continue to provide expertise and guidance on your cases.
