# SSR 84-23: SSR 84-23: SECTION 1631(b) (42 U.S.C. 1383(b)) SUPPLEMENTAL SECURITY INCOME -- OVERPAYMENT -- ADJUSTMENT OR RECOVERY -- RECIPIENT CONVICTED OF CRIMINAL CHARGES

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_84_23

## Section

- **Citation:** SSR 84-23
- **Heading:** SSR 84-23: SECTION 1631(b) (42 U.S.C. 1383(b)) SUPPLEMENTAL SECURITY INCOME -- OVERPAYMENT -- ADJUSTMENT OR RECOVERY -- RECIPIENT CONVICTED OF CRIMINAL CHARGES
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / SSI / Overpayments and Underpayments / SSR 84-23

## Text

20 CFR 416.535 and 416.570

SSR 84-23

The claimant was indicted on February 14, 1983, for violations of 18
U.S.C. section 1341 (mail fraud) and 18 U.S.C. section 1001 (fraud and
false statements to a Federal agency) in connection with her applications
for and receipt of SSI payments under an assumed name. On May 31, 1983,
the claimant pleaded guilty to a single count of mail fraud (18 U.S.C.
section 1341); the five other counts of the indictment were then
dismissed. She was sentenced to one year in prison. However, after the
claimant was confined in a community treatment center for 30 days, the
remainder of her sentence was suspended and she was placed on probation
for three years. The claimant was also ordered to make restitution of
$486.00 -- although her SSI overpayment totaled $34,441.20 -- and to
perform one hundred hours of community service work during each year of
the probationary period.

Recently, the claimant contacted her local Social Security office and
requested reinstatement of her SSI payments. This raises the question as
to whether the dismissal of five or six criminal charges in the February
14, 1983, indictment precludes SSA from recouping the outstanding
overpayment balance of $33,955.20 from future SSI payments.

The claimant's civil liability for SSI overpayments was not at issue in
the criminal proceedings which terminated with the Federal district court
order of May 31, 1983. That order only disposed of the criminal charges
enumerated in the indictment. The order has no effect on civil remedies
available to SSA. The Fifth Amendment prohibition against double jeopardy
applies only to successive criminal proceedings. U.S. v.
Lasky , 600 F.2d 765 (9th Cir. 1979). It is well established that a
criminal penalty and a subsequent civil remedy may be exacted for a single
act. United States ex rel. Marcus v. Hess , 317 U.S. 537, 63 S.Ct.
379 (1943); Berdick v. U.S. , 612 F.2d 533 (Ct. Cl
vailable to SSA. The Fifth Amendment prohibition against double jeopardy
applies only to successive criminal proceedings. U.S. v.
Lasky , 600 F.2d 765 (9th Cir. 1979). It is well established that a
criminal penalty and a subsequent civil remedy may be exacted for a single
act. United States ex rel. Marcus v. Hess , 317 U.S. 537, 63 S.Ct.
379 (1943); Berdick v. U.S. , 612 F.2d 533 (Ct. Cl. 1979)
(Government civil counterclaim under False Claims Act (31 U.S.C. §§
231-35) against plaintiff previously convicted under 18 U.S.C. section
1001 not barred by double jeopardy provisions of Fifth Amendment). Here,
SSA's claim for recovery of the overpayment is based on the provisions of
section 1631(b) of the Social Security Act. The civil authority to obtain
repayment is distinct from and altogether unrelated to the criminal
sanctions of 18 U.S.C. sections 1001 and 1341.

Accordingly, the disposition of the criminal case against the claimant
does not preclude SSA from recouping the overpayment balance, if the
statutory and regulatory prerequisites for recoupment are present.

## Nearby sections

- [SSR 76-10 SSR 76-10: SECTION 1631(b) (42 U.S.C. 1383(b)) -- SUPPLEMENTAL SECURITY INCOME -- DISPOSITION OF UNDERPAYMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_10.md)
- [SSR 80-34c SSR 80-34c: SECTION 1631(b) (42 U.S.C. 1383(b)) SUPPLEMENTAL SECURITY INCOME -- DISPOSITION OF UNDERPAYMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_80_34c.md)
- [SSR 84-6a SSR 84-6a: SECTIONS 1611(a), 1614(c), 1614(f)(2), AND 1631(b) (42 U.S.C. 1382(a), 1382c(c), 1382c(f)(2), AND 1383(b)) SUPPLEMENTAL SECURITY INCOME -- OVERPAYMENTS -- LIABILITY OF A REPRESENTATIVE PAYEE -- WAIVER OF ADJUSTMENT OR RECOVERY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_84_6a.md)
- [SSR 84-23 SSR 84-23: SECTION 1631(b) (42 U.S.C. 1383(b)) SUPPLEMENTAL SECURITY INCOME -- OVERPAYMENT -- ADJUSTMENT OR RECOVERY -- RECIPIENT CONVICTED OF CRIMINAL CHARGES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_84_23.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_84_23. Check the current official text before relying on it. Not legal advice.