TN 35 (10-18)

GN 02210.001 Overpayment Recovery by Benefit Adjustment

CITATIONS:

Section 204(a) of the Social Security Act

20 CFR 404.502

When we determine that an individual is overpaid, we send a notice requesting full and immediate refund and informing the individual of the right to request waiver and reconsideration (known as a “due process request”) (see GN 02201.009).

If the 60-day due process period expires without a due process request from the individual, and the individual does not refund the overpayment, we recover the overpayment by withholding the individual’s benefit payment(s) until we fully recover the overpayment. The 60-day due process period begins with the current operating month (COM), or in other words, the month we establish the overpayment. For cases where there has been a due process request, see GN 02201.019 and GN 02201.025.

A. What payments to withhold

To recover an overpayment, we withhold the following payments from the overpaid individual, representative payee, or any other individual currently receiving benefits on the same earnings record on which the overpayment occurred (contingent liability), as applicable:

  • Any current and future monthly benefit payment(s);

  • Any underpayment (see GN 02301.001A);

  • Any lump-sum death payment (LSDP);

  • Any misused funds (from the representative payee) that we reissue to an overpaid individual; or

  • Any other Social Security administered program payment(s) (i.e. cross program recovery).

B. How to withhold the payment

When we have established an overpayment on an individual’s record, and the 60-day due process period has elapsed without a due process request from the individual, the automated system will begin full benefit withholding until we have fully recovered the overpayment (see SM 00610.715C). The automated system will withhold any payment listed in GN 02210.001A from the overpaid individual, the liable representative payee, or a contingently liable individual as applicable.

C. References

  • GN 02205.003 – Primary Liability for Title II Overpayment Recovery

  • GN 02205.005 – Contingent Liability for Title II Overpayment Recovery

  • GN 02205.007 – Joint and Several Liability for Title II Overpayment Recovery

  • GN 02210.006 – Adjustment of Benefits Due the Overpaid Individual

  • GN 02210.007 – Adjustment of Benefits Due Other Than the Overpaid Individual

  • GN 02210.008 – Cross Program Recovery (CPR) from Monthly Title II, Title VIII, and Title XVI Benefits to Recover Other Program Overpayments


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202210001
GN 02210.001 - Overpayment Recovery by Benefit Adjustment - 10/12/2018
Batch run: 10/12/2018
Rev:10/12/2018