SI DAL02220.005 Documenting the SSI Overpayment - More than $20,000 (TN 02 -- 11/2014)
The Dallas Regional Office (RO) reviews overpayment determinations only when national instructions require RO concurrence. Per SI 02220.005 the following overpayment determinations require the concurrence of the Assistant Regional Commissioner for Management and Operations Support (ARC MOS) when the overpayment exceeds $20,000:
Waiver determinations (Approvals);
Cases in which the overpaid individual is found unable or unwilling to repay (B-TAC);
Cases in which the field office (FO) cannot locate the individual or the individual is out of the country (DM-TAC);
Cases in which the overpayment is found to be uncollectible (N, Z-TAC); or
Compromise Settlement cases (NY-TAC).
NOTE: When there is a compromise settlement offer for an overpayment exceeding $5,000 but less than $20,000, follow instructions in SI 02220.031.
Any determination to collect the overpayment (D-TAC, G-TAC or K-TAC) does not require RO concurrence. Any determination to deny the waiver does not require RO concurrence. Any determination to refer the overpayment to another agency (MJ, MO, MT, and MS-TAC) does not require RO concurrence.
B. Procedure before referral
Before referring a case to the RO for concurrence, please review the case to make certain that the overpayment was correctly determined and clearly identified. In many cases, overpayments exceeding $20,000 occur for the following reasons:
Statutory Benefit Continuation - When the claimant is overpaid due to statutory benefit continuation, check to make certain that no appeal is pending on the issue of the cessation. Per SI 02260.007, we do not send a notice or otherwise address an overpayment caused by statutory benefit continuation until the appeal period has expired and no appeal has been filed. Do not send these overpayments for review and resolution while an appeal is pending on the medical cessation;
Administrative Finality Issues - If a single overpayment spans a period of more than the 2-year period normally permitted by the rules of administrative finality, check to make certain that fraud or similar fault was developed. If there is no fraud or similar fault, it is likely that the amount of the overpayment was incorrectly determined. (See SI 04070.010.)
C. Procedure for referral
In all cases, Dallas FOs submitting overpayment decisions for RO concurrence must submit the following evidence:
1. Waiver decisions
For waiver approvals, fax the SSA-632 (Request for Waiver or Overpayment Recovery or Change in Repayment Rate), all appropriate development, documentation, and the completed Exhibit in SI DAL02220.005D into the Non Disability Repository for Evidentiary Documents (NDRed). Open a vHelp ticket with the Primary Topic: SSI, Subtopic: Overpayments - Decisions More than $20,000 (Regional) and request ARC MOS concurrence.
2. Discontinued collections decisions
For discontinued collections (B, M, Z and N-TACs), fax the completed Exhibit in SI DAL02220.005D into NDRed. Open a vHelp ticket with the Primary Topic: SSI, Subtopic: Overpayment - Decisions More than $20,000 (Regional) and request ARC MOS concurrence. The Exhibit should clearly outline the actions taken prior to the recommendation to discontinue collection.
3. Compromise settlement offers
Follow the procedures in SI 02220.031. Open a vHelp ticket with the Primary Topic: SSI, Subtopic: Overpayment - Decisions More than $20,000 (Regional) and request ARC MOS concurrence.
NOTE: Do not transmit the disposition in MSSICS prior to ARC MOS approval. These overpayments require the 2-PIN process in MSSICS. The RO input to approve the determination requires input on the same day as the input made by the FO. The SSI staff will contact the field office to coordinate the two inputs.
Exhibit - Overpayment Requiring RO Concurrence