SSA may settle a debt claim through compromise if one of the following conditions
exists:
-
a.
The individual is unable (or unwilling) to repay the full amount of the debt within
a reasonable time either by refund or adjustment; or
-
b.
The debtor is unwilling to repay the full debt and enforced collection is unavailable
or is likely to exceed the amount recovered (i.e., the difference between the overpayment
and the amount offered as a compromise is less than $1,000); or
-
c.
There is real doubt concerning the Government"s ability to prove its case in court
for the full amount claimed, either because of legal issues involved or a bona fide
dispute as to the facts.
SSA may also accept a compromise settlement for those title XVIII overpayments for
which repayment is requested from the individual who was furnished items or services.
NOTE: CMS rather than SSA, has compromise authority when the title XVIII debtor is a physician
provider, or other supplier of services.