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    Auto prices are cooling, but ‘we’re never going back to the old normal,’ expert says. Here’s what car shoppers can expect

    Prices are beginning to come down from peak highs for both new and used cars, but we might never go back to pre-pandemic norms, experts say.
    “The bad news is we’re never going back to the old normal. The good news is within new normal range we have been coming off of peaks,” said Pat Ryan, the founder and chief executive officer of CoPilot, a car-shopping app.

    Maskot | Maskot | Getty Images

    After a year of supply shortages and climbing borrowing costs, 2024 is shaping up to be a better time to buy a car.
    The average transaction price for a new car in the U.S. in February was $47,244, down 2.2% from February 2023. That’s also down 5.4% from the market peak in December 2022, according to Kelley Blue Book.

    But new cars are still generally expensive; prices are nearly 14% higher than in February 2021.
    Incentives such as rebates and discounts are slowly making a comeback as inventory grows for most automakers, but prices might never go back to pre-pandemic levels, experts predict.
    “The bad news is we’re never going back to the old normal. The good news is within new normal range we have been coming off of peaks,” said Pat Ryan, the founder and chief executive officer of CoPilot, a car-shopping app.
    “We have this structural move now in both new and used car prices that are making consumers’ eyes pop out,” he said.

    Why new cars have gotten pricier

    The underlying components built into new cars, such as technology, as well as high labor costs, are keeping prices high, Ryan said.

    “A fender bender is no longer a small thing,” he said. “If you hit somebody with your fender in your new car today, instead of being $300 with plastic that you have to replace, it might be $2,000 or $3,000 because you have … all these anti-collision and electronics.”
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    That’s why it’s hard to come by a new model below $20,000 in the auto market. It’s also a response to consumers preferring cars with features such as automatic climate control, a touch screen and parking sensors, Joseph Yoon, a consumer insights analyst at car website Edmunds, previously told CNBC.
    Because of these advances, Ryan said, new car prices are “never going to go back down to where they were.”

    Used car shortage ‘puts a floor’ on depreciation

    The average transaction price for used cars in the fourth quarter of 2023 dipped to $28,371, a 4.4% decline from $29,690 a year prior, according to Edmunds data.
    “Depreciation didn’t exist” in the last few years for used cars due to high demand, Yoon explained.
    Used car prices are likely to stay “structurally higher” because fewer new cars were produced during the pandemic due to shutdowns and chip shortages. That means more drivers held on to their previous cars, making fewer used cars available on the market, Ryan said.
    “That shortage of used cars puts a floor on how much the used cars can depreciate because … there’s no used car factory, you can’t build more used cars,” he said.

    However, newer used cars, or those up to three years old, are depreciating, because they are directly correlated with the recovered inventory of the new car market, Yoon said.
    “A three-year-old car is marginally similar to newer cars,” he said.
    Cars between five and seven years old are still holding onto pandemic-era values because of low supply, he said. As there are fewer older cars available, the high demand keeps prices elevated.
    While prices remain generally high, drivers who need to switch up their wheels may have a better chance this year, experts say.

    When to buy a car in 2024

    Incentives between April and July are forecast to be the most attractive in the new car market, Ryan said.
    Car shopping often takes place in the spring and summer.
    “To go on a test drive, you’re going to be outdoors to look at a car … it’s kind of an outdoorsy activity,” said Brian Moody, executive editor for Kelley Blue Book.
    While interest rates are still high, the Federal Reserve is expected to cut rates this year, which may “give people a little more breathing room,” Ivan Drury, Edmunds’ director of insights, previously told CNBC.
    “Last year was ugly all around. At least there’s an upside this year,” he said.
    Manufacturers are also ramping up incentives on some new cars. Since deals are not a “blanket across all brands or even all cars within one brand,” shoppers will have to hunt for those offers, Moody said.
    Drivers can get deals on used cars under three years old, Yoon said, and car dealers are more likely “to be a bit generous during holidays.”
    “In general, whether new or used, dealers often offer incentives over big holidays like Presidents [Day] weekend,” he said.
    The average transaction price for a one-year-old car dropped to $38,720, a $6,763 decline from its peak of $45,483 in the third quarter of 2022, which is a “meaningful shift,” he said.

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    The IRS has so far issued 43 million tax refunds, worth $135 billion

    The IRS issued more than 43 million refunds, worth about $135.3 billion, as of March 8.
    The average refund was $3,145, up from $2,972 during the same week last year.
    You can check the status of your refund via the “Where’s My Refund?” online tool.

    Urbazon | E+ | Getty Images

    Why many taxpayers wait to file

    Typically, taxpayers file sooner when they’re expecting a refund, said Mark Baran, managing director at financial firm CBIZ Marks Paneth.

    Indeed, knowing “they won’t get a refund” is one of the top five reasons Americans procrastinate on taxes, according to a January survey from IPX1031, an investment property exchange service.
    Plus, many taxpayers file for an extension, which bumps the federal filing deadline by six months, to Oct. 15 this year. This provides more time to file, but federal taxes owed are typically still due on April 15. Some taxpayers have an automatic federal extension due to natural disasters.

    “A lot of high-net-worth clients will file extensions” because they’re still waiting for tax forms such as Schedule K-1 for so-called pass-through business income, Baran said.
    “The [latest IRS] data doesn’t reflect the returns that are ultimately filed by October,” he added.
    As of Dec. 23, the average refund for 2023 was $3,167, which was slightly lower than the $3,252 average in 2022, the IRS reported.

    Why more taxpayers are relying on a refund

    Some 40% of taxpayers are relying on a refund this season, up from 36% last year, according to a LendingTree survey published in March.
    “The most simple explanation is inflation,” said Jacob Channel, LendingTree’s senior economist.
    While inflation is down significantly from its 9.1% peak in 2022, it remains above the Federal Reserve’s 2% target, he said.
    The consumer price index, which tracks the cost of consumer goods and services over time, rose 3.2% in February compared with one year ago, the Bureau of Labor Statistics reported in March.

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    Education Department accused of ‘malicious negligence’ amid FAFSA issues

    Amid ongoing FAFSA issues, criticism of the U.S. Department of Education has reached a fever pitch.
    Former top student loan official Wayne Johnson accused the Education Department of “malicious negligence” in a letter written to U.S. Secretary of Education Miguel Cardona and other senior officials and shared with CNBC.

    As problems with the new Free Application for Federal Student Aid persist into the spring, harsh words are being directed at the U.S. Department of Education.
    Former top student loan official Wayne Johnson accused the Education Department of “malicious negligence” in a recent letter written to U.S. Secretary of Education Miguel Cardona and other senior officials and shared with CNBC.

    “Continuing to whitewash this evolving calamity with ‘corporate style crises management PR’ is extraordinarily irresponsible,” wrote Johnson, who served as the chief operating officer of the Office of Federal Student Aid from 2017 until 2019 and is now running for Congress.
    “Each of you is personally and collectively responsible for what is manifesting to be a level of incredible harm inflicted upon students and schools,” Johnson wrote.
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    Johnson had a “brief” tenure as COO of FSA, a department spokesperson told CNBC of his correspondence, “during which time none of the changes he now talks about were successfully implemented.”
    “We will also note that the FAFSA Simplification Act requires not just a new form but a complete overhaul of the formula and process for delivering financial aid to students,” the department spokesman added.

    A separate group of Republican lawmakers also has requested a federal inquiry into the rollout and whether students were given sufficient information on the new process.
    To be sure, the overhaul was a “major” undertaking imposed by Congress without additional funding or resources, a senior Education Department official said on a January press call. “Our ‘North Star’ here is trying to make sure that students get the help they need for college.”

    ‘Any further delays would be disastrous’

    The FAFSA serves as the gateway to all federal aid money, including loans, work study and grants, the latter of which are the most desirable kinds of assistance because they typically do not need to be repaid.
    However, this year, fewer students are applying for financial aid, data shows, as the U.S. Department of Education works to resolve ongoing technical issues with the new form, including preventing contributors without a Social Security number from starting or accessing the application.
    “This adds to the growing list of can’t-miss priorities that the Department must deliver in the month of March, a timeline students and institutions desperately need the Department to meet,” said Justin Draeger, president of the National Association of Student Financial Aid Administrators. “Any further delays would be disastrous for both students and schools.”

    They’ve been accepted into schools and they don’t know if they can afford it — that’s a problem.

    Lydia McNeiley
    college and career coordinator in Hammond, Indiana

    Award letters are typically sent around the same time as admission letters so students have several weeks to compare offers ahead of National College Decision Day on May 1, which is the deadline many schools set for admitted students to decide on a college.

    Especially ‘scary’ for those depending on aid

    For most students and their families, which college they will choose hinges on the amount of financial aid offered and the breakdown between grants, scholarships, work-study opportunities and student loans.
    “They’ve been accepted into schools and they don’t know if they can afford it — that’s a problem,” said Lydia McNeiley, a college and career coordinator for the public school district in Hammond, Indiana. “It’s not fair across the board, but for those that are depending on that financial aid letter, this is scary.”
    In Hammond, most high school seniors are first-generation college applicants who would qualify for aid but have hit obstacles with the 2024–25 form, McNeiley said.
    “The message that they are getting is that they have to prove that they deserve to be on those campuses,” she said. “It’s really a slap in the face.”

    Because of the extensive delays, many colleges are now relying on their own calculations to determine student aid packages, which could open the door to issuing financial aid award offers that schools may not be able to honor or “cause tens of billions of dollars in improper payments,” Johnson wrote.
    “Moreover, it is highly probable that FAFSA related systems failures will continue to further disenfranchise large populations of students into 2025-2026,” Johnson added in his letter, underscoring how important the awarding of federal student financial aid is to driving college enrollment.
    Johnson equated the potential impending enrollment decline to the one experienced at the height of the Covid-19 pandemic, when college attendance notched the largest two-year drop in 50 years.

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    Biden administration to forgive $5.8 billion in student debt for nearly 78,000 borrowers

    The Biden administration announced it would forgive $5.8 billion in student debt for 77,700 borrowers through the Public Service Loan Forgiveness program.
    It also said President Joe Biden would email another 380,000 public service workers, notifying them that they’re on track to have their debt canceled within two years.

    U.S. President Joe Biden announces a preliminary agreement with Intel for a major CHIPS and Science Act award, during a visit to the Intel Ocotillo Campus, in Chandler, Arizona, U.S., March 20, 2024. 
    Kevin Lamarque | Reuters

    The Biden administration announced Thursday it would forgive $5.8 billion in student debt for 77,700 borrowers through the Public Service Loan Forgiveness program.
    It also said President Joe Biden would email another 380,000 public service workers starting next week, notifying them that they’re on track to have their debt canceled within two years.

    The U.S. Department of Education has routinely announced waves of loan forgiveness, as the Biden administration seeks to use its existing authority to leave people with less debt after the Supreme Court struck down its sweeping $400 billion loan forgiveness plan last June. The Biden administration has so far cleared the education debts of nearly 4 million people, totaling $143.6 billion in relief.
    “For too long, our nation’s teachers, nurses, social workers, firefighters, and other public servants faced logistical troubles and trap doors when they tried to access the debt relief they were entitled to under the law,” U.S. Secretary of Education Miguel Cardona said in a statement about the latest round of forgiveness.
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    The PSLF program, signed into law by President George W. Bush in 2007, allows certain not-for-profit and government employees to have their federal student loans canceled after 10 years of on-time payments. In 2013, the Consumer Financial Protection Bureau estimated that one-quarter of American workers may be eligible.
    However, the program had long been plagued by problems, making people who actually received the relief a rarity. Borrowers complained about confusing rules and misinformation from their servicers.

    The Biden administration has worked to fix those issues.
    Before Biden’s fixes to PSLF, just around 7,000 borrowers had received debt relief through the over 15-year-old program, according to the administration. Since 2021, it said, 871,000 borrowers have now had their debt canceled under the program.

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    Op-ed: Bitcoin’s recent rise has contributed to investor fear of missing out

    Bitcoin’s recent rise has contributed to investor FOMO, or the fear of missing out.
    While bitcoin should be handled with care, investors should use the same investment principles applied to other positions.
    The goal is to incorporate a repeatable process, so you have less fear and avoid missing out.

    Photographer, Basak Gurbuz Derman | Moment | Getty Images

    When it comes to investor maladies, fear of missing out, or FOMO, is the clinical term for buying a security after a meteoric price increase because you don’t want to be left behind. There is no known cure for this condition, which has been linked to numerous bad investment decisions.
    Bitcoin caught the attention of investors in 2020 because the price skyrocketed from $7,194 a coin to a peak of $60,360 in November 2021. Just as we became comfortable with digital gold, the price declined all the way back to $16,547 at the end of 2022.

    Today’s environment is déjà vu all over again, a feeding frenzy of quick profits that few of us want to miss out on.

    More from CNBC’s Advisor Council

    Last week, bitcoin climbed to a record $73,679, a price surge of nearly 70% from the start of the year. Prices have since eased somewhat: As of early Wednesday, the flagship currency was trading at around $62,500, due in part to the news Tuesday that Japan raised interest rates for the first time in 17 years.

    How does monetary policy influence bitcoin?

    The value proposition for bitcoin is that it serves as a store of value because there will only be a maximum of 21 million bitcoins available. When you buy bitcoin, you are exchanging something in abundance, namely a dollar, for something that is scarce, which in this case is bitcoin.
    When the Fed increased liquidity in 2020 the case for bitcoin was obvious. Similarly, once the Fed reversed course and raised rates in 2022 the opposite dynamic occurred.
    In other words, bitcoin’s price will be heavily influenced and correlated to the global money supply.

    Why did bitcoin go up last year?

    You can make the case that the Fed reduced the rate at which it tightened, which on a rate of change basis increased liquidity. Moreover, the banking crisis forced the Fed to open the discount window first and then create a Bank Term Funding Program that allowed regional banks to pledge illiquid bonds as collateral in exchange for much needed liquidity. These events were tailor made for the scarcity trade.

    Where do things stand today for bitcoin?

    There are a couple of things to consider when deciding if it’s too late to buy bitcoin.
    First, what do investors believe will happen to liquidity? Or said another way, will the Fed accelerate a campaign of tightening?
    Inflation may be sticky, but it’s not high enough to warrant a rate hike. If anything, investors are anticipating a rate cut. There is also a matter of the commercial real estate loans that come due this year and concerns about the regional banks that may force the Fed to provide resources that mitigate a contagion.

    Second, bitcoin has been approved as a spot ETF. If bitcoin is indeed a hoax it must have quite the sales pitch because stalwarts such as Schwab, Fidelity, Van Eck and Blackrock are all on board, the SEC notwithstanding.
    In fact, Grayscale’s 2021 Bitcoin Investment Survey found that 77% of investors who did not own bitcoin would be more likely to buy it if there were an ETF, and according to a recent Coinbase report, 59% of institutional investors plan to increase allocations to crypto over the next three years. Lo and behold, bitcoin ETFs have attracted over $3.5 billion in new inflows in March as of this writing, the supply and demand dynamic pushing the price higher.

    What’s the best way to participate?

    While bitcoin should be handled with care, investors should use the same investment principles applied to other positions. If a security is significantly more volatile than the market, it makes sense to hold a smaller position.

    It’s advisable to dollar cost average 1% at a time until you reach the position size that suits your risk tolerance. Once you are fully invested, make sure to rebalance quarterly to mitigate the roller coaster ride and ensure that you participate on the upside.
    The goal is to incorporate a repeatable process, so you have less fear and avoid missing out. Fortunately, the same investment methods you use for a traditional portfolio are applicable to bitcoin as well.
    — By Ivory Johnson, certified financial planner and the founder of Delancey Wealth Management in Washington, D.C. He is a member of the CNBC Financial Advisor Council. More

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    Women with student loan debt face ‘multiple financial pressures,’ expert says. These tips may help with repayment

    Women and Wealth Events
    Your Money

    Nearly two-thirds of the country’s outstanding student debt is held by women.
    CNBC spoke to student loan and financial experts about how women can best manage their education debt.

    10’000 Hours | Getty Images

    Nearly two-thirds of the country’s outstanding student debt is held by women.
    Women graduate college owing $2,700 more, on average, than their male counterparts, according to the American Association of University Women. Among undergraduate students in bachelor’s degree programs in 2019-2020, 54% of men graduated with student loans, compared to 66% of women, according to higher education expert Mark Kantrowitz.

    One major reason women tend to borrow more, experts say, is the fact that they often face additional caretaking responsibilities that can leave them with higher expenses and less able to work while they’re in school.

    More from Women and Wealth:

    Here’s a look at more coverage in CNBC’s Women & Wealth special report, where we explore ways women can increase income, save and make the most of opportunities.

    After graduation, men also typically pay down their student debt faster, since they earn more. Men with a bachelor’s degree pull in a median weekly earnings of $1,632, compared with $1,248 for women, the U.S. Department of Labor has found.
    “We find that women borrowers tend to have multiple financial pressures that contribute to their student loan struggles,” said Betsy Mayotte, president of The Institute of Student Loan Advisors, a nonprofit that helps borrowers navigate the repayment of their debt.
    “Over 63% of the borrowers that reach out to us for advice are women,” Mayotte added.
    CNBC spoke to Mayotte and other student loan and financial experts about how women can manage their education debt.

    Make the most of federal relief for borrowers

    There used to be a working mother and parental leave deferment for student loans, but these options are not available for more recent borrowers, Kantrowitz said. (If your federal student loans were disbursed prior to July 1, 1993, you could still qualify.)
    Still, there are ways to pause your loan payments if you’ve hit an especially hard patch financially, he said.
    If you’re out of work, you can request an unemployment deferment with your servicer. If you’re dealing with another financial challenge, meanwhile, you may be eligible for an economic hardship deferment.
    Those who qualify for a hardship deferment include people receiving certain types of federal or state aid and anyone volunteering in the Peace Corps, Kantrowitz said.

    With both a hardship and an unemployment deferment, interest generally doesn’t accrue on undergraduate subsidized loans. Other kinds of loans, however, will rack up interest.
    The maximum amount of time you can use an unemployment or hardship deferment is usually three years, per type. Other, lesser-known deferments include the graduate fellowship deferment, the military service and post-active duty deferment and the cancer treatment deferment.
    Student loan borrowers who don’t qualify for a deferment may request a forbearance.
    Under this option, borrowers can keep their loans on hold for as long as three years. However, because interest accrues during the forbearance period, borrowers can face a larger bill when it ends.
    A better option for federal student loans may be enrolling in an income-driven repayment plan, experts say. Those plans cap your monthly bill at a percentage of your discretionary income and forgive any of your remaining debt after 10 or 25 years.
    To determine how much your monthly bill would be under different plans, use one of the calculators at Studentaid.gov or Freestudentloanadvice.org.

    Use a ‘hybrid approach’

    It’s deflating for women to have to direct all their extra cash to their student debt, said certified financial planner Cathy Curtis, founder and CEO of Curtis Financial Planning in Oakland, California.
    “I like to recommend a hybrid approach,” said Curtis, who is a member of CNBC’s Financial Advisor Council. “Even if a person puts a small amount towards each goal, they can feel less anxious about their finances and know that they are doing the right things with their money.”
    Because federal student loans tend to have low interest rates, you’ll likely see more of a benefit from meeting your minimum payment and then funneling any extra cash toward long-term investing for retirement, Curtis said. (Research shows women’s retirement savings tend to lag men’s.)

    If your company matches your 401(k) retirement plan savings, try to salt away at least enough to get that full matched amount, Curtis said. “I always emphasize trying to capture that free money,” she added.
    Women who have children may also want to consider putting even small amounts on a regular basis into a 529 savings plan so that they don’t need to borrow more when their kids are ready for college, Curtis added.
    But Winnie Sun, co-founder of Sun Group Wealth Partners and another member of CNBC’s Advisor Council, added an asterisk to that point.
    “When it comes to helping your kids with their college costs, just remember that you need to prioritize your own retirement savings,” Sun said.

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    What a $418 million settlement on home-sale commissions may mean for you

    The National Association of Realtors agreed to a $418 million settlement in an antitrust lawsuit last week.
    The proposed settlement is likely to change the way Americans buy and sell homes.
    While it may take time for these changes to materialize, here’s what to consider if you’re entering the housing market this year.

    A landmark class-action lawsuit may change the way Americans buy and sell homes.
    The National Association of Realtors agreed to a $418 million settlement last week in an antitrust lawsuit where a federal jury found the organization and several large real-estate brokerages had conspired to artificially inflate agent commissions on the sale and purchase of real estate. 

    The NAR’s multiple listing service, or MLS, used at a local level across areas in the U.S., facilitated the compensation rates for both a buyer’s and seller’s agents.
    At the time of listing a property, the home seller negotiated with the listing agent what the compensation would be for a buyer’s agent, which appeared on the MLS. However, if a seller was unaware they could negotiate, they were typically locked into paying the listed brokerage fee.
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    The proposed settlement would have the commission offer completely removed from the NAR’s system and home sellers will no longer be responsible for paying or offering commission for both the buyer and seller agents, said real estate attorney Claudia Cobreiro, the founder of Cobreiro Law in Coral Gables, Florida.
    “The rule that has been the subject of litigation requires only that listing brokers communicate an offer of compensation,” the NAR wrote in a press release.

    “Commissions remain negotiable, as they have been,” the organization wrote.
    However, some of these changes may take time to materialize, experts say.

    Settlement process ‘can take some time’

    If a settlement agreement is accepted within a lawsuit between two people, the court generally won’t look at the settlement. Yet, in a federal class-action lawsuit, one that affects a large number of people, there will be a period for the court and interested parties to review the settlement and offer commentary and feedback on the agreement, Cobreiro said.
    “That’s the process that we’re about to enter, and that process can take some time,” she said.
    As proposed, the settlement would have the NAR completely remove commissions from its MLS system by July. That may be optimistic, Cobriero said.
    “It would be more realistic to see this being implemented later this year,” she said.

    In the meantime, it’s “business as usual” for buyers and sellers, Cobreiro said. “There is nothing that agents should be doing differently currently in their ongoing transactions.”
    A buyer or seller already in the market is probably not going to be affected by the settlement unless their property happens to be on the market a little longer than what’s customary, she said.
    “The big gray area here is how will buyer [agent] commissions be handled moving forward,” said Cobreiro, as there is no finalized agreement yet that clearly indicates how that will be handled.

    What the settlement could mean for homebuyers

    The settlement agreement doesn’t say that the buyer’s agent will not be paid nor that the buyer’s agent cannot charge fees.
    “The big question here is who is going to pay for those services moving forward. Will it ultimately be a buyer that will have to get the buyer’s agent’s commission together, on top of closing costs and on top of down payment?” Cobreiro said.
    While commission fees are negotiable between involved parties, knowing what cards you have on the table as a homebuyer will be more important now than before. Using an agent will still be a smart way to achieve that, experts say.
    “A great local agent can give you a competitive advantage,” said Amanda Pendleton, a home trends expert at Zillow Group. That’s especially true as low-priced starter homes are expected to remain in demand, she said.
    Here are two things to know about how the settlement could change the process of buying a home:
    1. Buyers could be responsible for their agent fees: Historically, real estate commissions typically come out of the seller’s pocket, and are split between the buyer’s and seller’s agents.
    As a result of the settlement, the seller will no longer be responsible for commission fees for a buyer’s agent. So this is a new potential charge buyers need to consider in their budget. Historically, if a buyer’s agent got half of a 5% or 6% commission, that equaled thousands of dollars.
    For example: The median home sale price by the end of 2023 was $417,700, according to the Federal Reserve. That would mean commissions at a 5.37% rate — the 2023 average rate, according to Lending Tree — amount to roughly $22,430, about $11,215 of which might go to the buyer’s agent.
    But bypassing an agent’s services may not lead to direct savings, especially for first-time buyers, experts say. You could put yourself at risk by leaving the homebuying process entirely to the seller and their agent, said Cobreiro.
    Sometimes things show up in your home inspection report that merit a credit from the seller, but if you don’t have an agent, the seller’s agent may not volunteer that, said Cobreiro.
    Doing so would be a breach of their fiduciary duty to the seller, and it affects their commission if the price of the property declines, she said.
    “Signing the contract is the least of it; there’s so many things that happen throughout the transaction that really require the expertise and the navigation by someone who understands the process,” she said.

    2. Buyers may be required to sign a contract early on: If buyers become responsible for their agent’s commission, you’re likely to see more agents asking buyers to sign a buyer-broker agreement upfront, before the agent starts helping them find a property.
    Most brokerages have a buyer agency agreement, but it’s common for real estate agents to wait to present the contract.
    “They want to win the person’s business, they don’t want to scare them with having to sign any contracts,” said Steven Nicastro, a former real estate agent who writes for Clever Real Estate.
    Moving the contract talks to earlier in the process is a precaution to protect buyer’s agents in the market.
    “That could lead to negotiations actually taking place at the first meeting between a buyer and the buyer’s agent,” Nicastro said.
    Know you can negotiate the commission rate as well as the duration of the contract, which can span from three months to a year, Cobreiro said. More

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    Social Security commissioner vows to end ‘clawback cruelty’ with new plan for benefit overpayments

    New Social Security Commissioner Martin O’Malley has unveiled a four-step plan to change the way the agency handles overpayment issues.
    Some beneficiaries have received notices demanding repayment of benefits, sometimes for sums totaling tens of thousands of dollars.

    Former Gov. Martin O’Malley (D-MD), President Biden’s nominee to be the next Commissioner of Social Security, testifies during his confirmation hearing before the Senate Finance Committee at the Dirksen Senate Office Building on November 02, 2023 in Washington, DC.
    Kevin Dietsch | Getty Images

    Three months into his role as commissioner of the Social Security Administration, Martin O’Malley unveiled a new plan to tackle overpayment issues that have led the agency to demand some beneficiaries repay benefits.
    “We are no longer going to have that clawback cruelty of intercepting 100% of a payment if people do not respond to our notice,” O’Malley told the Senate Committee on Aging on Wednesday.

    The plan comes after some beneficiaries who received excess benefit payments have received letters from the Social Security Administration demanding repayment of those sums.
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    One overpayment notice for $58,000 was recently sent to a Savannah, Georgia, resident “through no fault of her own,” Sen. Raphael Warnock, D-Georgia, noted during the hearing.
    Because that beneficiary could not afford to repay the sum to the SSA, the agency reduced her monthly benefits, Warnock said. As a result, she could no longer pay her rent.
    “That’s the human cost, the human face of these policy issues,” said Warnock, and indicated that his office frequently hears from constituents about overpayments issues and clawback notices.

    The overpayment and underpayment of beneficiaries’ monthly checks is one of three service issues O’Malley said he plans to tackle in 2024. He also plans to address the long wait times for service on the agency’s 800 number, as well as a backlog in disability benefit applications that leads to long wait times for approval.
    During the hearing, he also called on Congress to provide additional support, pointing to President Joe Biden’s proposed budget that calls for a funding increase for the agency.
    “We are in a customer service crisis,” O’Malley said, due to underfunding and understaffing.

    How Social Security overpayments handling will change

    During the Senate hearing, O’Malley introduced a new four-part plan to change how the Social Security handles overpayment issues.
    Starting Monday, March 25, the agency will no longer intercept 100% of a beneficiaries’ monthly benefits if they do not respond to a repayment notice, he said. Instead, the agency will use a “much more reasonable” default withholding rate of 10%, according to O’Malley.
    Second, the claimant will no longer have the burden of proof to show whether they were at fault in causing the overpayment.
    “We should have to produce that reason, not them,” O’Malley said.
    Third, for beneficiaries who work to establish repayment plans with the Social Security Administration, the maximum time will be extended to up to 60 months from 36 months.
    Finally, it will now be easier beneficiaries to request a waiver so they do not have to repay the money to the SSA if they are not at fault or do not have the ability to repay the money.
    “We’re looking to do more as well; I’m not able to announce that now,” O’Malley said.
    The changes will require changes to training and systems that beneficiaries encounter when they visit one of the 1,210 Social Security field offices with an overpayment notice, he noted.

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