AARP and Others Ask For Special Relief From Revised “Do-Over” Rule

On December 8, 2010, the Social Security Administration made changes to the “do-over” rule.  Prior to the release of the new rule (which was made effective immediately), seniors who took Social Security checks before reaching retirement age could repay all checks received, without any interest, and reapply for the higher benefits allowed for those who wait to receive checks.

When the SSA changed the “do-over” rule in December 2010, it gave seniors who had claimed Social Security retirement benefits twelve months to reverse the decision. Seniors who began taking benefits in December 2009 did not have the option to reverse their decision as they were outside the twelve month deadline.

When it released the new rule in December 2010, the SSA said it would take into consideration any comments received about the rule before releasing the revised final rule. During the sixty day time limit during which the SSA allowed comments, it received over 650 comments, including a request by AARP. The comments asked the SSA to give special transition relief to those affected by the changed rule. In its request to the SSA, AARP argued that as a matter of “equity and fairness” the SSA should allow those who had taken Social Security benefits one year to use the previous do-over rule.

The SSA has yet to publish a revised version of the rule and has not given a projected date of when the final rule will be published. 

See Janet Novack, Some Early Retirees Left in Lurch by Social Security Administration, Forbes, Feb. 12, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.