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