This policy is an administrative rule which eliminates the need for seeking recovery
by refund and applies to cases where the determination may not be reopened because
more than 4 years have passed since the initial determination (e.g. we received new
and material evidence after 4 years).
If there is an outstanding overpayment at the time of the beneficiary’s termination
of entitlement and deductions have been improperly imposed (i.e., too many deductions
imposed), these deduction determinations can be reopened to the extent necessary in
order to reduce or eliminate the existing overpayment.
NOTE: When non-work months are used to recover an overpayment, they are no longer creditable
towards an ARF or DRC's. This may have the effect of lowering subsequent rates, and
should be considered when computing the final amount of the overpayment.
In 02/2000, the NH’s benefits were terminated and an outstanding overpayment of $1200
was listed on his record due to work deductions from prior years. In 06/2006, we received
information that his work in 1999 included special wage payments (SWP) that were paid
for prior years of work. Since this new information regarding his SWP will reduce
the amount of his existing overpayment, we may reopen and revise the amount of his
existing overpayment on his terminated record even though the new evidence was presented
after 4 years.