If SSA effectuates the disability claim before the AC takes its own motion review:

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  Do not stop current benefits in order to establish interim benefit payments.

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  Inform the OAO that OCO/PSC already processed regular disability benefit payments, and they should inform OCO/PSC when the disability decision becomes final to ensure correct effectuation of the case.

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  Complete form SSA-5002 (Report of Contact) and add a special message to the master beneficiary record explaining that SSA processed regular disability benefit payments erroneously and SSA must issue payments under the interim benefit procedure established by P.L. 100-647, section 8001. For electronic folders, create a barcode coversheet and fax the SSA-5002 into eView. For paper folders, fax the complete form SSA-5002 into the non-disability repository for evidentiary documents system.

If the final decision is unfavorable, SSA will not consider the statutory interim benefit period as an overpayment unless fraud is involved. SSA only considers any erroneous payment prior to the statutory interim benefit period as an overpayment.

Example: If SSA processed regular disability benefit payments erroneously before a final decision is reached with entitlement beginning January 2015, but interim benefits should have begun November 2015, the period of January 2015 through October 2015 would be considered overpaid due to no entitlement. Any payment paid beginning November 2015 and after would be considered a part of the interim benefit period and would not be considered an overpayment.