H.R. 10243 – Protecting Elders From Government Error Act

AI-Generated Summary

Updated September 4, 2026 at 8:29 AM UTC

The Protecting Elders From Government Error Act would change the Social Security Act to limit how the government can recover overpayments of old‑age benefits. It stops recovery when the overpayment was caused by a SSA error, happened more than six months ago, and the recipient is otherwise entitled to the benefit. It also caps any reduction in monthly benefits to 5 percent of the correct amount, unless fraud is involved.

Key Provisions

Recovery of an overpayment for an old‑age benefit cannot be pursued if the error was the SSA’s fault, the overpayment occurred more than six months before the finding, and the recipient is otherwise eligible for the benefit.
If the SSA does recover an overpayment, it may not cut the recipient’s monthly benefit by more than 5 % of the correct amount, provided the overpayment was due to SSA error and relates to an old‑age benefit.
The above limits do not apply if the SSA determines the recipient has committed fraud or similar misconduct.
The changes apply immediately upon enactment to any outstanding overpayments.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

Ways and Means Committee

September 3, 2026

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HouseIntro Referral

Introduced in House

September 3, 2026

HouseIntro Referral

Referred to the House Committee on Ways and Means.

Ways and Means Committee

September 3, 2026

Bill Text

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Introduced in HouseIssued September 3, 2026

I

119th CONGRESS

2d Session

H. R. 10243

IN THE HOUSE OF REPRESENTATIVES

September 3, 2026

Mr. Higgins of Louisiana introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend title II of the Social Security Act to place limitations on recovery of overpayments.

1.

Short title

This Act may be cited as the Protecting Elders From Government Error Act.

2.

Limitations on recovery of overpayments

(a)

Time period for recovery of old-Age benefits

Section 204(a)(1)(A) of the Social Security Act (42 U.S.C. 404(a)(1)(A)) is amended—

(1)

by striking With respect and inserting (i) With respect; and

(2)

by adding at the end the following:

(ii)

In any case in which the Commissioner finds that more than the correct amount of payment has been made to a person, recovery from the person may not be made if—

(I)

the overpayment is related to an old-age insurance benefit to which such person is entitled under section 202(a);

(II)

the overpayment occurred more than 6 months before the date of the finding; and

(III)

the overpayment was a result of error on the part of the Commissioner.

.

(b)

Withholding for recovery of overpayments

Section 204(a)(1)(A) of the Social Security Act (42 U.S.C. 404(a)(1)(A)), as amended, is further amended by inserting after clause (ii) the following:

(iii)

In any case in which the Commissioner finds that more than the correct amount of payment has been made to a person, the Commissioner may not decrease the amount of a monthly benefit payable to the person by more than 5 percent of the amount payable if—

(I)

the overpayment is related to an old-age insurance benefit to which such person is entitled under section 202(a); and

(II)

the overpayment was a result of error on the part of the Commissioner.

.

(c)

Inapplicability in case of fraud

Section 204(a)(1)(A) of the Social Security Act (42 U.S.C. 404(a)(1)(A)), as amended, is further amended by inserting after clause (iii) the following:

(iv)

Clauses (ii) and (iii) shall not apply with respect to a payment made to a person if the Commissioner determines that the person has ever committed fraud or similar fault with respect to the program under this title.

.

(d)

Conforming amendment

Section 204(a)(2) of such Act (42 U.S.C. 404(a)(2)) is amended by striking Notwithstanding and inserting Subject to clauses (ii), (iii), and (iv) of paragraph (1)(A), but notwithstanding.

(e)

Effective date

The amendments made by this Act shall take effect on the date of enactment of this Act, and shall be effective with respect to overpayments under title II of the Social Security Act that are outstanding on or after such date.