Yes, a civil suit can be used to recover an overpayment. A civil suit is a legal proceeding that can be filed in a Federal court of law.
Appropriate cases are referred to the Department of Justice for civil action.
Generally, we must file a civil suit before the later of:
Six years after an overpayment has been made; or
One year after a final decision has been rendered in an administrative proceeding.
The representative payee and the beneficiary may both be sued in a civil suit if both are liable.
Last Revised: March, 2001