When we pay an individual more SSI than they are due for one or more months the individual is overpaid. We must notify them, and any representative payee, of the overpayment. We must dispose of the overpayment by making one or more overpayment disposition decisions and documenting the decision on the Supplemental Security Record (SSR). The dispositions include, but are not limited to:

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  Recover the overpayment;

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  Refer the overpayment to another agency for action; or

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  Determine that the overpayment did not exist, is erroneous, or uncollectible.

For information on what constitutes an overpayment, refer to SI 02201.005.

2. We must document all overpayment disposition decisions on the SSR, regardless of the overpayment amount.

3. We must document the rationale for all non-collect overpayment disposition decisions in the case file. For a complete list of non-collect overpayment disposition decisions, refer to SI 02220.005D.3.a.

4. We must obtain a 2-PIN review by a Claims Specialist (CS) or higher for non-collect overpayment decisions of more than $2,000 but less than $5,000.

5. Field office (FO) management must document their review and concurrence with non-collect overpayment decisions of $5,000 or more.

a. We must first determine all months for which the individual was overpaid (the overpayment period), regardless of the overpayment amount. For overpayment period information, refer to SI 02201.005C.4. and SM 01311.035D.

b. Document the final disposition of each overpayment on the SSR on which you are taking action. Include any notice, collection, transfer, or appeal decision, by posting it through Direct SSR Update.

c. For overpayments of $2,000 or less, the technician selects the applicable overpayment disposition decision on the overpayment decision (UOPD) screen in Direct SSR Update.

d. This table lists all possible overpayment decisions on the UOPD screen with corresponding policy instructions, refer to MS 00304.008.

e. If the individual resides outside the United States (U.S.)

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

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  If the individual resides in Puerto Rico or the U.S. Virgin Islands, post the new residence address. The system will automatically post the jurisdictional FO code (DIS) to the SSR; and

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

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:

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  Period;

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  Amount;

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  Sequence number;

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  Sequence date;

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  Recovery rate requested;

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  Disposition decision; and

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  Reason for disposition decision.

b. For non-MSSICS cases, document the information shown in SI 02220.005C.2.a. on the Form SSA-5002, and fax the SSA-5002 and all related documents into the Non-Disability Repository for Evidentiary Documents (NDRED) via the Evidence Portal (EP).

c. Refer to SM 01311.125 for information on changing the recovery rate for check adjustment, and MS 00304.008 (UOPD) for changing the overpayment decision amount.

1. a. 

   We are required to attempt to recover overpayments, regardless of the amount. Therefore, overpayment collect decisions do not require review.

2. b. 

   Technicians must document the rationale for collect decisions during a personal conference when the liable individual requests a waiver and the technician cannot initially approve the waiver.

3. c. 

   Technicians must document the rationale for collect decisions during a case review, formal, or informal conference when the liable individual (or their representative) requests an appeal and the technician cannot approve the appeal. For information on SSI overpayment appeals, refer to SI 02220.017.

4. d. 

   Collect decisions include:

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     Recover by check adjustment;

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     Recover by installments; and

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     Recover from Title II benefits.

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

If the overpayment non-collect decision amount is $2,000 or less, the CSR, CS, or TSC-CSR may make a non-collect decision on the overpayment without obtaining a review.

1. a. 

   FO CSRs and CSs may make non-collect overpayment decisions of more than $2,000, but less than $5,000. However, these non-collect overpayment decisions require a 2nd PIN (2-PIN) review and approval by a CS or management. Refer to SI 02220.005D.4.b in this section for 2-PIN process instructions. Non-collect overpayment decisions include:

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     Unwilling to repay;

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     Unable to repay;

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     Uncollectible;

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     Erroneous;

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     Unable to locate or out of country; and

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     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:

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     Appeal;

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     Referral to DOJ (Civil Suit);

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     Referral to OIG;

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     Referral to Treasury; and

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     The U.S. Attorney for a case in bankruptcy.

3. c. 

   Exceptions to review and approval of non-collect overpayment decisions of more than $2,000

   Administrative law judge (ALJ) or federal court decisions, e.g., ALJ overpayment decision reversals, and overpayments discharged in bankruptcy court. Refer to SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

   For instructions on accepting overpayment compromise offers, refer to SI 02220.031.

   NOTE: Non-collect court decisions do not require review and concurrence; however, the 2-PIN process is a systems requirement for non-collect overpayment decisions of more than $2,000.

1. a. 

   If the FO manager concurs with the technician’s recommendation on a non-collect decision of at least $35,000 but less than $100,000, the manager must refer the non-collect decision recommendation to the Regional Office (RO)/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 RO/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:

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

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

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     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.

5. e. 

   Exceptions to RO review and concurrence on non-collect decisions of at least $35,000 but less than $100,000

   ALJ or federal court decisions, e.g., ALJ overpayment decision reversals, and overpayments discharged in bankruptcy court. Refer to SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

   For instructions on accepting overpayment compromise offers, refer to 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. 

   For overpayment non-collect decisions of $100,000 or more, refer the case to DOJ through the ARC MOS after FO management review and concurrence.

2. b. 

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

3. c. 

   Exceptions to management review and concurrence of non-collect overpayment decisions of $100,000 or more:

   ALJ or federal court decisions, e.g., ALJ overpayment decision reversals, and overpayments discharged in bankruptcy court. Refer to SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

   We do not need DOJ approval to make a determination that the overpayment did not exist or that the overpayment determination was incorrect, regardless of the amount of the overpayment.

   For instructions on accepting overpayment compromise offers, refer to SI 02220.031.