TN 10 (07-90)

GN 02250.044 Overpayment Resulting from Continued Payments to Incarcerated Felons — Waiver

A. Policy

1. How Overpayment Occurs

When benefits are paid to a beneficiary for a month, any part of which he/ she is incarcerated for committing a felony, an overpayment exists for that month.

2. Reporting Instructions

Instructions to report imprisonment were first included on benefit applications and reporting forms as follows:

FormVersion
SSA-11/84
SSA-2-F61/84
SSA-4-BK1/82 for DAC's
 1/84 for all children
SSA-5-F61/84
SSA-10-BK1/84
SSA-16-BK9/82
SSA-1383-FC1/81

Check stuffers addressing this reporting responsibility were not issued.

3. Fault/Without Fault Finding

A fault or without fault finding is based on whether a person knew or should have known his/her reporting responsibilities.

B. Procedure

To determine fault/without fault, proceed as follows:

IfThen
The person fails to reportQuestion the reason for not reporting.
The person alleges that he/she was unaware of the need to reportDetermine the application filing date.
Filing date before 10/80Assume the person was unaware of reporting responsibility
Filing date after 10/80Review the publication dates in GN 02250.044A.2. to determine if the person was notified of reporting responsibilities.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202250044
GN 02250.044 - Overpayment Resulting from Continued Payments to Incarcerated Felons -- Waiver - 06/24/2014
Batch run: 06/24/2014
Rev:06/24/2014