If you receive a call requesting an explanation of the overpayment, use the Supplemental Security Income Display (SSID), an Inquiry Response Query, or Online Retrieval System (ORS) to provide an explanation of the overpayment. If you provide the explanation while the debtor is on the phone, do not suspend billing.

If you are unable to provide an explanation while the debtor is on the phone, follow these procedures:

• •

  On the Modernized Supplemental Security Income Claims System (MSSICS) Update Sequence Data (UOSD) screen, select EXPLANATION OF OVERPAYMENT to suspend billing (Refer to MS 00304.006).

• •

  Refer to the Field Office (FO) via a priority Modernized Development Worksheet (MDW) for non-MSSICS cases or Development Worksheet for MSSICS cases. Request that the FO provide an explanation to the debtor.

• •

  Annotate the referral "Necessary Action TOP/ECO Case-Do Not Backlog".

• •

  Include the debtor's current address and a daytime telephone number, if different from the address and telephone number shown on our records.

If necessary, update the record with the new address and telephone number.

If a debtor requests an explanation of the overpayment in the office or on the phone, use the SSID, an Inquiry Response Query, or ORS to verbally provide the debtor an explanation of the overpayment. If you provide the explanation while the debtor is in the office or on the phone, do not suspend billing.

If you cannot provide a response while the debtor is in the office or on the phone, follow these procedures:

• •

  On the MSSICS Update Sequence Data (UOSD) screen, select EXPLANATION OF OVERPAYMENT to suspend billing (refer to MS 00304.006) unless this action has already been taken by the TSC or Processing Center (PC).

• •

  Complete the Development Worksheet in the SSI Claims System and document:

  • –

    Your response to the debtor

  • –

    Additional info needed for a complete explanation to the debtor

  • –

    Contact info for the debtor

• •

  After you provide the explanation, remove the suspend billing code via the MSSICS Update Sequence Data (UOSD) screen by selecting #8 Delete. (Refer to MS 00304.006.)

If a request for an explanation of the overpayment is received, use the SSID, an Inquiry Response Query, or ORS to provide an explanation of the overpayment. If you can provide the explanation using online queries, do not suspend billing.

If online queries contain insufficient information or unresolvable discrepancies:

• •

  On the MSSICS Update Sequence Data (UOSD) screen, select EXPLANATION OF OVERPAYMENT to suspend billing (refer to MS 00304.006).

• •

  Refer to the FO to provide the explanation to the debtor.

If the debtor’s original overpayment amount is $2,000 or less, the technician will determine if they can approve the waiver under the administrative tolerance provision, outlined in GN 02250.350.

If the technician cannot approve the waiver under the administrative tolerance provision, send the SSA-632-BK to the debtor and inform him/her that AWG will remain in effect until we receive a completed and signed SSA-632-BK.

If the FO receives the waiver request:

• •

  Input the waiver request only when the form (or other written request) is received. A timely request for waiver made within 60 days of the notice will prevent AWG from starting.

• •

  Input the waiver request via the MSSICS Waiver (UOWV) screen (Refer to MS 00304.009).

• •

  Process the waiver request in accordance with instructions in GN 02250.002.

If the PC receives the SSA-632-BK, follow the instructions in GN 02201.023.

The debtor has 60 days from the date of the pre-offset notice to request the review and provide evidence that he/she does not owe all or part of the debt or that SSA does not have the right to collect it. Proceed as follows when the debtor makes a timely request within the 60-day period:

TSC action

• •

  Advise the debtor that SSA requires evidence to show that the debt is not owed, that the debt balance is different from what SSA states in the notice, or that SSA does not have the right to collect the debt.

• •

  Tell the debtor that he/she will need to present the evidence to the FO.

• •

  Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

• •

  Enter remarks on the Debt Management System (DMS) Remarks screen to describe the reason for the call, the date and any pertinent discussion.

FO action

• •

  Obtain evidence from the debtor to show that the debt is not owed or that the debt balance is different from what SSA states in the notice or that SSA does not have the right to collect the debt.

• •

  On the Update Sequence Data (UOSD) screen, select Administrative Wage Garnishment Request for Review. SSA stops all collection efforts, including TOP and credit bureau reporting, until SSA decides on the request for review. (Refer to MS 00304.006.)

• •

  Based on the evidence, decide the request for review and notify the debtor.

IMPORTANT: Do not include any further appeal rights in the notification to the debtor. The decision on the request for review is SSA's final decision.

• •

  If SSA's decision is that the debt is found to exist in a different amount than stated in the notice, update the programmatic system to adjust the debt balance.

• •

  If the debt was written off (in terminated collection status) when the debtor requested a review, terminate collection by selecting UNWILLING/UNABLE TO REPAY on the Overpayment Decision (UOPD) screen. (Refer to MS 00304.008.) Terminating collection will set the debt up for TOP and AWG selection in the next selection cycle.

• •

  If the debt was in RECOOP and was not written off when the debtor requested a review, select OVERPAYMENT DEVELOPMENT PENDING on the Update Sequence Data (UOSD) screen (MS 00304.006.)

  This will resume billing and allow the debt to be selected for AWG and TOP.

• •

  If the debt is found not to exist at all, update the programmatic system to remove the debt.

PC action

• •

  If the debtor calls the PC, advise the debtor that SSA requires evidence to show that the debt is not owed, that the debt balance is different from what SSA states in the notice or that SSA does not have the right to collect the debt.

• •

  Tell the debtor that he/she will need to present the evidence to the FO.

• •

  Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

• •

  On the DMS Remarks screen, enter the reason for the call, the date and any pertinent discussion.

• •

  If the debtor sends evidence to the PC, input the request for review on the Update Sequence Data (UOSD) screen, selecting ADMINISTATIVE WAGE GARNISHMENT REQUEST FOR REVIEW. This will stop AWG and all other collection efforts, including TOP and credit bureau reporting, until SSA makes a decision on the request for review. (Refer to MS 00304.006.)

• •

  Based on the evidence, make a decision on the request for review and notify the debtor.

TSC action

• •

  Explain that the period for requesting the review was 60 days from the date of the pre-offset notice.

• •

  Tell the debtor that SSA will have to dismiss the request unless the debtor proves good cause for late filing.

• •

  If the debtor asserts good cause for late filing, advise the debtor to provide any evidence demonstrating good cause for late filing to the field office.

• •

  Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

• •

  Enter remarks on the DMS Remarks screen to describe the reason for the call, the date and any pertinent discussion.

FO action

• •

  Develop good cause for late filing. (Refer to GN 03101.020.)

• •

  If the debtor shows good cause for late filing and presents evidence to show he/she does not owe the debt, does not owe it in the amount SSA states in the notice, or that SSA does not have the right to collect the debt, on the Update Sequence Data (UOSD) screen, select "Administrative Wage Garnishment Request for Review". This will stop AWG and all other collection efforts, including TOP and credit bureau reporting, until SSA makes a decision on the request for review. (Refer to MS 00304.006.)

• •

  Based on the evidence, make a decision on the request for review and notify the debtor.

  IMPORTANT: Do not include any further appeal rights in the notification of the debtor. The decision on the request for review is SSA's final decision.

• •

  If SSA's decision is that the debt is found to exist in a different amount than SSA stated in the notice, update the programmatic system to adjust the debt balance.

• •

  If the debt was written off (in terminated collection status) when the debtor requested a review, terminate collection by selecting UNWILLING/UNABLE TO REPAY on the Overpayment Decision (UOPD) screen. Terminating collection will set the debt up for TOP and AWG selection in the next selection cycle. (Refer to MS 00304.008.)

• •

  If the debt was in RECOOP and was not written off when the debtor requested a review, select OVERPAYMENT DEVELOPMENT PENDING on the Update Sequence Data (UOSD) screen (MS 00304.006). This will resume billing and allow the debt to be selected for AWG and TOP.

• •

  If SSA's decision is that the debt does not exist, then update the programmatic system to remove the debt.

PC action

• •

  If the debtor calls the PC, proceed as in SI 02220.018B.4.b. under TSC action.

• •

  If the debtor sends evidence to the PC, proceed as in SI 02220.018B.4.b. under FO action.

If the debtor requests review after 60 days and can't show good cause (Refer to GN 03101.020) for a late request for review:

• •

  Dismiss the request AND send a written notice explaining that because the debtor did not file timely or did not show good cause for late filing, the request will be dismissed.

Debtors subject to AWG are beyond the 60-day period for requesting reconsideration of the overpayment determination (the fact that you were overpaid or the amount of the overpayment). Consequently, the ECO pre-offset notice that informs debtors about SSA's intent to use collection tools such as AWG, the Treasury Offset Program (TOP) and credit bureau reporting does not contain language offering the right to request reconsideration.

Even though the ECO pre-offset notice does not offer the right to request reconsideration of the overpayment determination, individuals may still make that request on debts subject to AWG. Since overpayments subject to AWG are delinquent and by definition beyond the 60-day period for requesting reconsideration of the overpayment determination, these requests must first be handled in accordance with policy and procedure in SI 04020.020, Requests for SSI Reconsideration.

Proceed as follows when the person requests reconsideration of the overpayment determination:

TSC action

• •

  Tell the caller that he/she had 60 days from the date that he/she received the initial overpayment notice to request reconsideration of the overpayment determination.

• •

  Tell the caller that he/she must show good cause for late filing in order for SSA to reopen the initial overpayment determination. Good cause for late filing can be found by SSA when, for example, the person was seriously ill and was prevented from contacting SSA in person, in writing, or through a friend, relative, or other person. Refer to SI 04020.020, Requests for SSI Reconsideration, for more information on what constitutes good cause for late filing.

• •

  Advise the caller that he/she needs to submit a signed statement explaining the reason for the delay and documentation to support the explanation.

• •

  Provide the debtor with the address of the servicing FO, and tell the person to send or deliver the signed statement to that office.

• •

  Record the action taken on DMS Remarks.

  IMPORTANT: Do not send the caller a form SSA-561-U2 (Request for Reconsideration).

FO action

• •

  Obtain a signed statement from the claimant explaining the reason for the delay in filing the request for reconsideration and obtain documentation to support the explanation.

• •

  Explain to claimant that SSA will decide whether he/she has shown good cause for late filing and whether to extend the time or dismiss the appeal.

• •

  Make the determination on the issue of good cause for late filing.

• •

  If good cause for late filing is found, input the request on the Appeal (UOAP) screen, selecting RECONSIDERATION to document an appeal request. Refer to MS 00304.010 for more detailed information about this screen.

• •

  Process the reconsideration determination according to instructions in SI 02220.017. If the reconsideration decision did not wholly reverse the initial overpayment determination, the Overpayment Decisions (UOPD) screen should be used to post the partial overpayment decision. (Refer to MS 00304.008).

• •

  When a suspend bill code, appeal request, or waiver request is posted, a 30 day diary is set for the resumption of garnishment.

• •

  If good cause for late filing is not found, dismiss the request for reconsideration.

• •

  If the dismissed request for reconsideration was previously input on the UOAP screen, input a denial on the UOAP screen. Refer to MS 00304.010 for more detailed instructions on this screen. The system will resume garnishment activity.

PC action

•  

  • •

    Tell the caller that he/she had 60 days from the date of SSA's initial notice of overpayment to request reconsideration of the overpayment determination.

  • •

    Tell the caller that he/she must show good cause for late filing in order for SSA to reopen the initial overpayment determination. Good cause for late filing can be found by SSA when, for example, the person was seriously ill and was prevented from contacting SSA in person, in writing, or through a friend, relative, or other person. Refer to GN 03101.020, Good Cause for Extending Time Limit, for more information on what constitutes good cause for late filing.

  • •

    Advise the caller that he/she needs to submit a signed statement explaining the reason for the delay and documentation to support the explanation.

  • •

    Provide the debtor with the address of the servicing FO, and tell the person to send or deliver the signed statement to that office.

  • •

    Requests for Reconsiderations will be referred to the servicing FO for the decision.

  • •

    Record the action taken on DMS Remarks.

SSA's regulations at 20 C.F.R. § 416.1403 for Title XVI cases (and 20 C.F.R. § 404.903 for Title II cases) include the decision of whether to use AWG in the list of administrative actions that are not initial determinations subject to review. Therefore, the person has no right to request a reconsideration of SSA's decision to use AWG.

TSC/FO/PC should proceed as follows when the person requests reconsideration of SSA's decision to use AWG:

• •

  Tell the person that SSA's regulations state that the decision to use AWG is not an initial determination subject to appeals, and that we cannot act on any such request.

• •

  Tell the person SSA will continue to use AWG to collect the overpayment.

IMPORTANT: Do not solicit a form SSA-561-U2 (Request for Reconsideration) regarding SSA's decision to use AWG.

• •

  Refer the request to the servicing FO via MDW (non-MSSICS cases) or Development Worksheet (MSSICS cases).

• •

  Advise the caller that someone from the FO will contact him/her about the request.

• •

  Record the action taken on DMS Remarks.

• •

  Attempt to negotiate a rate of repayment which would permit full recovery within 12 months.

• •

  If that is not possible, try to establish a rate of repayment which will permit full recovery within 60 months.

• •

  If that is not possible, minimum payments of at least $50 per month are required unless there are unusual circumstances.

• •

  If you negotiate an agreement (person agrees to pay back $50 per month or more):

  (1) Complete the Overpayment Decisions (UOPD) screen (MS 00304.008) to reflect the negotiated agreement.

  (2) Tell the caller to submit his/her payment(s) using a method provided on the Payment Options page of the overpayment notice.

  (3) If the caller is unable to pay electronically or by phone, we will still accept a check or money order. Tell him/her to include his/her Remittance ID on the check or money order and mail to:

  MATPC

  P.O. Box 3430

  Philadelphia, PA 19122

  (4) Record the action taken on DMS Remarks.

• •

  If the person wishes to pay back less than $50 per month and/or unusual circumstances apply, refer to SI 02220.025B.2.

• •

  Tell the person that an immediate payment, followed by regular monthly payments, could result in the prevention of SSA's use of AWG.

• •

  If the person is present in the FO and makes a payment, process the remittance per instructions in GN 02403.006.

• •

  Follow the instructions in GN 02210.214B. and SI 02220.025B.2.

• •

  Tell the person that an immediate payment, followed by regular monthly payments, could result in the prevention of SSA's use of AWG.

• •

  Advise the caller to contact the servicing FO to arrange a compromise settlement.

• •

  Give the caller the name, address and telephone number of the FO that services his/her current address.

• •

  Do not make any input to stop AWG withholding.

• •

  Follow the instructions in SI 02220.030, SSI Overpayment Compromise Settlement.

• •

  Refer to SM 01311.290 for instructions for posting the Y TAC.

• •

  Tell the debtor that AWG will continue unless we receive the compromised amount.

• •

  Follow the instructions in GN 02210.215, Debtor Offers to Compromise.

• •

  See SM 01311.290 for instructions for posting the Y TAC.

• •

  Tell the debtor that AWG will continue until we receive the compromised amount.

• •

  Advise the debtor to submit a statement regarding nonreceipt of the notice along with his/her current address and telephone number to the FO in person or by mail.

• •

  Provide the address and telephone number of the FO that services the debtor.

• •

  Explain to the debtor that applicable external collection tools (TOP, credit bureau reporting and AWG) will continue to apply unless we can confirm his/her allegation.

• •

  Get a statement from the debtor regarding nonreceipt of the notice along with his/her current address.

• •

  Explain to the debtor that external collections will continue to apply unless we can confirm his/her allegation through a folder review.

• •

  If the claims folder is in the FO, check for an undeliverable notice and process according to the following instructions.

Review the claims folder to determine if the notice was returned as undeliverable. If the undeliverable initial overpayment notice was remailed, take the following actions:

• •

  Tell the debtor the date the new notice was mailed.

• •

  Tell the debtor that the overpayment is still subject to external collection tools.

If a subsequent notice was not mailed, the debtor has the right to a full administrative review process. Take the following actions if the original notice was returned as undeliverable and a subsequent notice was not mailed:

• •

  Send an initial overpayment notice to the debtor's current address and overlay the old notice date with the new notice date using the MSSICS Update Sequence Data (UOSD) screen (Refer to MS 00304.006.) If the debtor is in the FO, give him/her the initial overpayment notice.

• •

  If there is a disposition code on the SSR, delete the old disposition code by completing the MSSICS Add/Change/Delete Overpayment Decisions (UODC) screen. (Refer to MS 00304.007.)

• •

  The new notice date will overlay the old and an unresolved overpayment will be computed.

NOTE: The above actions will delete the debt from the ECO until the debt becomes delinquent and meets all ECO selection criteria. The preceding actions will not, however, delete the debt from the credit bureau if it was previously reported as delinquent. Advise the debt management program analyst regarding the need to delete the debt from the credit bureau report.

If there is no evidence to support the debtor's allegations about not receiving the initial overpayment notice, take the following actions:

• •

  Advise the debtor (by telephone, if possible) accordingly.

• •

  Explain that since there is no evidence that the notice was returned as undeliverable by the post office, we must proceed on the assumption that the notice was received.

• •

  Document the DMS Remarks (RMKS) screen with the information about the debtor contact.

If the FO/TSC first finds out that a debtor is deceased, obtain proof of death as required by GN 00304.001. Report the death to the PC as quickly as possible. Provide the debtor's name, claim number and date of death, if known.

If the PC first finds out that a debtor is deceased, obtain proof of death as required by GN 00304.001. Input the death using the Stop Collection Action (TRSC) screen (Refer to MS 00304.013) which is requested from the Debt Management screen. This input will prevent or stop collection action by ECO processes.

Conduct any estate development in accordance with GN 02215.050 through GN 02215.070.