20 CFR § 404.509 - Against equity and good conscience; defined.

---
identifier: "/us/cfr/t20/s404.509"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 404.509 - Against equity and good conscience; defined."
title_number: 20
title_name: "Employees' Benefits"
section_number: "404.509"
section_name: "Against equity and good conscience; defined."
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "404"
part_name: "FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950-  )"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "404"
---


# 404.509 Against equity and good conscience; defined.

(a) Recovery of an overpayment is *against equity and good conscience* (under title II and title XVIII) if an individual—

(1) Changed his or her position for the worse (Example 1) or relinquished a valuable right (Example 2) because of reliance upon a notice that a payment would be made or because of the overpayment itself; or

(2) Was living in a separate household from the overpaid person at the time of the overpayment and did not receive the overpayment (Examples 3 and 4).

(b) The individual's financial circumstances are not material to a finding of *against equity and good conscience.*

[53 FR 25483, July 7, 1988]