1. a. 

   Regardless of the overpayment amount, we must first determine all months for which the recipient was overpaid (the overpayment period). For overpayment period information, see SI 02201.005C.4. and SM 01311.035D. Document the final disposition of each overpayment sequence on the SSR you are taking action on, including any notice, collection, transfer, or appeal decision, by posting it through Direct SSR Update.

2. b. 

   For original overpayments of $2,000 or less, the FO technician (Claims Specialist (CS)/Customer Service Representative (CSR) or higher) selects the applicable overpayment disposition decision on the overpayment decision (UOPD) screen in Direct SSR Update.

3. c. 

   The following table lists all possible overpayment decisions found on the UOPD screen (MS 00304.008) with corresponding policy instructions.

   Overpayment Decision	SM	SI
   1=WAIVER	SM 01311.422 SM 01311.423 SM 01311.424	SI 02260.000
   2=APPEAL	SM 01311.423 SM 01311.424	SI 02220.001
   3=RECOVER BY CHECK ADJUSTMENT	SM 01311.120 SM 01311.125	SI 02220.001
   4=UNWILLING TO REPAY	SM 01311.200 SM 01311.205	SI 02220.050
   5=UNABLE TO REPAY	SM 01311.200 SM 01311.205	SI 02220.050
   6=UNCOLLECTIBLE	SM 01311.280 SM 01311.285	SI 02220.053
   7=ERRONEOUS	SM 01311.280 SM 01311.285	SI 02301.315
   8=UNABLE TO LOCATE/OUT OF COUNTRY	SM 01311.200 SM 01311.205	SI 02220.051 or SI 02220.050
   9=OVERPAYMENT TO BRING FORWARD	SM 01311.350	SI 02220.011
   10=RECOVER BY INSTALLMENTS	SM 01311.235 SM 01311.240	SI 02220.025
   11=COMPROMISE SETTLEMENT	SM 01311.290 SM 01311.295	SI 02220.030
   12=INCORRECT OVERPAYMENT	SM 01311.340 SM 01311.345	SI 02201.010 or SI 02201.020
   13=RECOVER FROM TITLE II BENEFITS	SM 01311.255 SM 01311.261	SI 02220.020
   14=REFERRAL TO DOJ (CIVIL SUIT)	SM 01311.220	SI 02220.035
   15=REFERRAL TO OIG	SM 01311.220	SI 02220.036
   16=REFERRAL TO TREASURY	SM 01311.220	SI 02220.040
   17=BANKRUPTCY	SM 01311.220	SI 02220.040

4. d. 

   If the debtor resides outside the US

   1. 1. 

      If the debtor resides in a foreign country, post a DM TAC (SM 01311.200) to indicate that we are unable to locate the debtor, or the debtor is out of the country.

   2. 2. 

      If the debtor resides in Puerto Rico or the Virgin Islands, post the new residence address.

      • •

        Post the new address (the system will automatically post the jurisdictional FO code (DIS) to the SSR; and

      • •

        Transfer the case in MSSICS to the Downtown Manhattan FO, using FO Code “109.”

1. a. 

   Technicians must document non-collect overpayment disposition decisions of any amount, and requests for change in recovery rate on the Report of Contact screen. List the overpayment:

   • •

     Period;

   • •

     Amount;

   • •

     Recovery rate requested;

   • •

     Sequence number;

   • •

     Sequence date;

   • •

     Disposition decision; and

   • •

     Reason for the disposition decision.

2. b. 

   For non-MSSICS cases, document the information shown above on form SSA-5002, and fax the SSA-5002 and all related documents into the non-disability repository for evidentiary documents (NDRED). For NDRED information, see GN 00301.322.

   NOTE: Do not use Form SSA-8108 (SSI Overpayment and Disposition Determination) to document the overpayment disposition because it is obsolete.

3. c. 

   For waiver decisions, follow specific waiver documentation requirements in SI 02260.001.

4. d. 

   See SM 01311.125 for changing the recovery rate for check adjustment, and MS 00304.008 (UOPD) for changing overpayment decision amount.

1. a. 

   We are required to attempt to recover overpayments to recipients, regardless of the amount. Therefore, overpayment collect decisions do not require management review. Since a decision to deny a waiver is a decision to attempt collection of the overpayment, waiver denial decisions also do not require management approval.

2. b. 

   Technicians will document the rationale for collect decisions during a personal conference when the liable person requests a waiver and the technician cannot approve the waiver. See SI 02260.001 for waiver information or SI 02260.006 for personal conference information.

3. c. 

   Technicians will document the rationale for collect decisions during a case review or formal/informal conference when the liable person (or his or her representative) requests an appeal and the technician cannot grant the appeal. For information on overpayment appeals, see SI 02220.017.

4. d. 

   Collect decisions include:

   • •

     Recover by check adjustment;

   • •

     Recover by installments; and

   • •

     Recover from Title II benefits.

For more information on the overpayment recovery process, see SI 02201.005.

1. a. 

   If the original overpayment (not the balance after a collect decision) is $2,000 or less (and we have determined that the recipient was not at fault in causing the overpayment), and the recipient requests that we waive recovery of the overpayment, the CS, CSR, or TSC-CSR may waive the overpayment administratively and without management review. For FO administrative waiver instructions, see SI 02260.030C.6. For instructions on TSC overpayment processing, see TC 26010.000.

2. b. 

   If the original overpayment is $2,000 or less and the recipient was at fault in causing the overpayment, a waiver decision is not applicable, however, another non-collect decision (unwilling/unable to repay, uncollectible, or unable to locate/out of country) may apply. Management review is not required.

1. a. 

   FO CSs and CSRs may make non-collect decisions on overpayments of $2,000 or less without obtaining management review and concurrence. Non-collect decisions include:

   • •

     Waiver;

   • •

     Unwilling to repay;

   • •

     Unable to repay;

   • •

     Uncollectible;

   • •

     Erroneous;

   • •

     Unable to locate/out of country; and

   • •

     Incorrect overpayment.

2. b. 

   Technicians may need to refer a case to another SSA component, such as the administrative law judge (ALJ), or another agency, such as the Department of Justice (DOJ), or the Department of Treasury (Treasury) for a hearing or other decision before making an overpayment decision. Referral “decisions” include:

   • •

     Appeal;

   • •

     Referral to DOJ (Civil Suit);

   • •

     Referral to OIG;

   • •

     Referral to Treasury; and

   • •

     Bankruptcy.

1. a. 

   If the FO manager concurs with the technician’s recommendation of a non-collect decision on an overpayment sequence of more than $35,000 but not more than $100,000, the manager must refer the non-collect decision recommendation to the Assistant Regional Commissioner for Management and Operations Support (ARC MOS) for review and concurrence.

2. b. 

   If the Processing Center (PC) manager concurs with the non-collect decision, they must refer the recommendation to the Assistant Regional Commissioner for Processing Center Operations (ARC PCO).

3. c. 

   The RO reviewer (ARC MOS, the CDPS Director, a CDPS Supervisory Social Insurance Specialist, or ARC POS) takes these actions:

   • •

     Documents their review using the Report of Contact screen. For non-MSSICS cases, the reviewer documents the required RO review using the NDRED process;

   • •

     Briefly states (on behalf of the ARC MOS) that they reviewed the proposed overpayment non-collect decision for accuracy, conformance with POMS instructions, and concurs with the disposition decision; and

   • •

     Uses their own PIN to post the overpayment disposition decision.

4. d. 

   If the RO reviewer does not concur with the non-collect disposition decision, they return the case to the FO for further action.

   NOTE: Refer to regional instructions for specific RO review and concurrence procedures.

   e. Exceptions to management review and concurrence of non-collect decisions on overpayments of more than $2,000:

   • •

     Court decisions, e.g., ALJ waiver approvals, overpayment decision reversals, and overpayments discharged in bankruptcy court. See SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

   • •

     For instructions on accepting compromise settlements offers, see SI 02220.031.

     NOTE: RO review and ARC MOS approval are not needed for these cases; however, the 2-PIN process is a systems requirement for non-collect decisions on overpayments of more than $2,000.

1. a. 

   With the exception of waiver approvals, for overpayment non-collect decisions on overpayments of more than $100,000, refer the case to DOJ through the ARC MOS following FO management review and concurrence.

2. b. 

   For complete instructions on forwarding cases to DOJ, see SI 02220.035.

3. c. 

   Exceptions to management review and concurrence of non-collect decisions on overpayments of more than $2,000:

   • •

     Court decisions, e.g, ALJ waiver approvals, overpayment decision reversals, and overpayments discharged in bankruptcy court. See SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

   • •

     For instructions on accepting compromise settlement offers, see SI 02220.031.

     NOTE: RO review and ARC MOS approval are not needed for these cases; however, the 2-PIN process is a systems requirement for non-collect decisions on overpayments of more than $2,000.