TN 25 (01-05)

SI 02220.018 Debtor Reactions to Collection of Title XVI Overpayments by Administrative Wage Garnishment (AWG)

A. BACKGROUND

While several types of debtor reactions to AWG are the same as those regarding TRO and TOP, the debtor may make requests and allegations that are unique to the AWG program. For example, the debtor may request hardship or may allege having been fired by the employer. Further, the requests and allegations unique to AWG can be made at any time during the AWG process, from the 60-day due process notice through the final garnishment payments.

Therefore, this section is organized according to the following four logical groups of debtor requests and allegations:

B. PROCEDURE - DUE PROCESS REQUESTS

1. Request for Explanation of Overpayment

When the debtor requests an explanation of the overpayment, proceed as follows:

a. TSC Action

If a request for an explanation of the overpayment is received, use the SSID and/or an Inquiry Response Query to provide an explanation of the overpayment. Keep explanations generic to the extent possible and try to provide explanations immediately.

Proceed as follows if online queries contain insufficient information or unresolvable discrepancies:

  • On the MSSICS Update Sequence Data (UOSD) screen select “EXPLANATION OF OVERPAYMENT” to suspend billing (see MSOM BUSSR 004.006).

  • Refer to the FO via a priority Modernized Development Worksheet (MDW) for non-MSSICS cases or DW01 for MSSICS cases. Request that the FO provide an explanation to the debtor.

  • Annotate the referral “Necessary Action – TOP/ECO Case-Do Not Backlog”.

  • Include the debtor's current address and a daytime telephone number, if different from the address and telephone number shown on our records.

If asked, advise the caller that he/she should receive a response within 30 days. If necessary, update the record with the new address and telephone number.

b. FO Action

If a request for an explanation of the overpayment is received, use the SSID and/or an Inquiry Response Query to provide an explanation of the overpayment. Keep explanations generic to the extent possible and try to provide explanations immediately.

Proceed as follows if online queries contain insufficient information or unresolvable discrepancies. If the request for explanation is received in writing:

  • On the MSSICS Update Sequence Data (UOSD) screen select “EXPLANATION OF OVERPAYMENT” to suspend billing (see MSOM BUSSR 004.006) unless this action has already been taken by the TSC or PC.

  • Once the debtor is satisfied with the explanation, remove the suspend billing code via the MSSICS Update Sequence Data (UOSD) screen. (See MSOM BUSSR 004.006)

c. PC Action

If a request for an explanation of the overpayment is received, use the SSID and/or an Inquiry Response Query to provide an explanation of the overpayment. Keep explanations generic to the extent possible and try to provide explanations immediately.

Proceed as follows if online queries contain insufficient information or unresolvable discrepancies. If the request for explanation is received in writing:

  • On the MSSICS Update Sequence Data (UOSD) screen select “EXPLANATION OF OVERPAYMENT” to suspend billing (see MSOM BUSSR 004.006).

  • Call the servicing FO and attempt to get an immediate answer.

  • If the information cannot be readily given over the phone, refer to the FO to provide the explanation to the debtor.

  • If asked, advise the caller that he/she should receive a response within 30 days. If necessary, update the record with the new address and telephone number.

2. Request for Waiver

If a request for waiver is received, obtain an SSA-632-BK in accordance with current instructions in SI 02260.001 and SI 02260.005. Advise the debtor that AWG remains in effect until SSA receives a completed and signed SSA-632-BK or its equivalent.

a. TSC Action

If the TSC receives the request, proceed as follows:

  • Tell the debtor that we will need a signed statement regarding without fault and inability to repay and that proof of income, assets and expenses will be required.

  • Advise the debtor that a timely request for waiver made within 60 days of the notice will prevent AWG from being started.

  • Send the debtor an SSA-632-BK. In the upper right-hand corner of the form, show “TOP/ECO CASE”, the date and your office code.

  • Include a courtesy return envelope addressed to the FO that services the address on the AWG query or the debtor's current address, if different.

  • Advise the caller to complete the SSA-632-BK and return it to the servicing FO.

b. FO Action

If the FO receives the waiver request:

  • Input the waiver request only when the form (or other written request) is received. A timely request for waiver made within 60 days of the notice will prevent AWG from being started.

  • Input the waiver request via the MSSICS Waiver (UOWV) screen (see MSOM BUSSR 004.009).

  • Process the waiver request in accordance with instructions in SI 02260.001.

c. PC Action

If the PC receives the waiver request:

  • Follow the instructions in GN 02210.219A.4.b. for necessary actions.

  • Input the waiver request only when the form (or other written request) is received. A timely request for waiver made within 60 days of the notice will prevent AWG from being started.

NOTE: A request for waiver after AWG has begun will result in stopping AWG until the waiver decision is made.

3. Right to Inspect and Copy SSA Records About the Debt

The individual has the right to inspect and copy SSA's records related to the debtor's overpayment. See GN 02201.041B.3. for specific instructions.

4. Request for Review of the Debt

The law and regulations governing AWG allow the debtor to request a review of the debt. This review is an opportunity for the debtor to present evidence showing they do not owe the debt or they do not owe the amount shown by SSA. This review is not the same as reconsideration of the overpayment determination, in that SSA's decision does not have any further appeal rights. See GN 02201.040A.6.a. and GN 02201.041.B.4. for a complete explanation.

a. Request for Review Within 60 Days of the Pre-Offset Notice

The debtor has 60 days from the date of the pre-offset notice to request the review and provide evidence that he/she does not owe the debt or does not owe it in the amount stated by SSA in the notice. Proceed as follows when the debtor makes a timely request within the 60-day period:

TSC Action

  • Advise the debtor that SSA requires evidence to show that the debt is not owed or that the debt balance is different from what SSA states in the notice.

  • Tell the debtor that he/she will need to present the evidence to the field office (FO).

  • Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

  • Enter remarks on the DMS Remarks screen to describe the reason for the call, the date and any pertinent discussion.

FO Action

  • Obtain evidence from the debtor to show that the debt is not owed or that the debt balance is different from what SSA states in the notice.

  • On the Update Sequence Data (UOSD) screen, select “Administrative Wage Garnishment Request for Review”. SSA stops all collection efforts, including TOP and credit bureau reporting, until SSA makes a decision on the request for review. (See MSOM BUSSR 004.006).

  • Based on the evidence, make a decision on the request for review and notify the debtor.

IMPORTANT: Do not include any further appeal rights in the notification to the debtor. The decision on the request for review is SSA's final decision.

  • If SSA's decision is that the debt is found to exist either in the amount stated in the pre-offset notice or in a different amount than stated in the notice, update the programmatic system to adjust the debt balance.

  • If the debt was written off (in terminated collection status) when the debtor requested a review, terminate collection by selecting “UNWILLING/UNABLE TO REPAY” on the Overpayment Decision (UOPD) screen. (See MSOM BUSSR 004.008). Terminating collection will set the debt up for TOP and AWG selection in the next selection cycle.

  • If the debt was in RECOOP and was not written off when the debtor requested a review, select “OVERPAYMENT DEVELOPMENT PENDING” on the Update Sequence Data (UOSD) screen (MSOM BUSSR 004.006).

    This will resume billing and allow the debt to be selected for AWG and TOP.

  • If the debt is found not to exist at all, update the programmatic system to remove the debt.

PC Action

  • If the debtor calls the PC, advise the debtor that SSA requires evidence to show that the debt is not owed or that the debt balance is different from what SSA states in the notice.

  • Tell the debtor that he/she will need to present the evidence to the field office.

  • Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

  • On the DMS Remarks screen, enter the reason for the call, the date and any pertinent discussion.

  • If the debtor sends evidence to the PC, input the request for review on the Update Sequence Data (UOSD) screen, selecting “ADMINISTATIVE WAGE GARNISHMENT REQUEST FOR REVIEW”. This will stop AWG and all other collection efforts, including TOP and credit bureau reporting, until SSA makes a decision on the request for review. (See MSOM BUSSR 004.006).

  • Based on the evidence, make a decision on the request for review and notify the debtor.

b. Request for Review of the Debt after 60 Days

TSC Action

  • Explain that the period for requesting the review was 60 days from the date of the notice.

  • Tell the debtor that SSA will have to dismiss the request unless the debtor proves good cause for late filing.

  • If the debtor asserts good cause for late filing, advise the debtor to provide any evidence demonstrating good cause for late filing to the field office.

  • Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

  • Enter remarks on the DMS Remarks screen to describe the reason for the call, the date and any pertinent discussion.

FO Action

  • Develop good cause for late filing. (See GN 03101.020)

  • If the debtor shows good cause for late filing and presents evidence to show he/she does not owe the debt or does not owe it in the amount SSA states in the notice, on the Update Sequence Data (UOSD) screen, select “Administrative Wage Garnishment Request for Review”. This will stop AWG and all other collection efforts, including TOP and credit bureau reporting, until SSA makes a decision on the request for review. (See MSOM BUSSR 004.006)

  • Based on the evidence, make a decision on the request for review and notify the debtor.

    IMPORTANT: Do not include any further appeal rights in the notification of the debtor. The decision on the request for review is SSA's final decision.

  • If SSA's decision is that the debt is found to exist either in the amount stated in the pre-offset notice or in a different amount than SSA stated in the notice, update the programmatic system to adjust the debt balance.

  • If the debt was written off (in terminated collection status) when the debtor requested a review, terminate collection by selecting “UNWILLING/UNABLE TO REPAY” on the Overpayment Decision (UOPD) screen. Terminating collection will set the debt up for TOP and AWG selection in the next selection cycle. (See MSOM BUSSR 004.008)

  • If the debt was in RECOOP and was not written off when the debtor requested a review, select “OVERPAYMENT DEVELOPMENT PENDING” on the Update Sequence Data (UOSD) screen (MSOM BUSSR 004.006). This will resume billing and allow the debt to be selected for AWG and TOP.

  • If SSA's decision is that the debt does not exist, then update the programmatic system to remove the debt.

PC Action

If the debtor requests review after 60 days and can't show good cause (see GN 03101.020) for a late request for review:

  • Dismiss the request AND send a written notice explaining that because the debtor did not file timely or did not show good cause for late filing, the request will be dismissed.

5. Request for Lower Garnishment Amount Due to Hardship

A debtor whose wages are subject to AWG may, at any time, request a review of the amount garnished based on materially changed circumstances such as disability, divorce, or catastrophic illness which result in financial hardship. See GN 02201.041B.5. for detailed processing instructions.

The same DMS screens and processing instructions are used for Title II and Title XVI debtors who request a lower garnishment amount due to hardship.

6. Debtor Request Higher Garnishment

SSA will honor the debtor's request without question to have more withheld than required. Obtain a written statement from the debtor requesting the higher withholding. See GN 02201.041B.6. for detailed processing instructions.

The same DMS screens and processing instructions are used for Title II and Title XVI debtors who request a higher garnishment amount.

7. Request for Reconsideration

Debtors may request reconsideration of two different aspects of SSA's use of administrative wage garnishment: (1) the overpayment determination (fact/amount of the debt); and (2) the Agency's decision to use garnishment to collect the delinquent overpayment.

a. Reconsideration of the Overpayment Determination

Debtors subject to administrative wage garnishment are beyond the 60-day period for requesting reconsideration of the overpayment determination (fact/amount of the debt). Consequently, the TOP/ECO notice that informs debtors about SSA's intent to use collection tools such as garnishment, Treasury Offset Program and credit bureau reporting does not contain language offering the right to request reconsideration.

Even though the TOP/ECO notice does not offer the right to request reconsideration of the overpayment determination, individuals may still make that request on debts subject to garnishment. Since overpayments subject to garnishment are delinquent and by definition beyond the 60-day period for requesting reconsideration of the overpayment determination, these requests must first be handled in accordance with policy and procedure in SI 04020.020, Requests for SSI Reconsideration.

Proceed as follows when the person requests reconsideration of the overpayment determination:

TSC Action

  • Tell the caller that he/she had 60 days from the date of SSA's initial notice of overpayment to request reconsideration of the overpayment determination.

  • Tell the caller that he/she must show good cause for late filing in order for SSA to reopen the initial overpayment determination. Good cause for late filing can be found by SSA when, for example, the person was seriously ill and was prevented from contacting SSA in person, in writing, or through a friend, relative, or other person. See SI 04020.020, Requests for SSI Reconsideration, for more information on what constitutes good cause for late filing.

  • Advise the caller that he/she needs to submit a signed statement explaining the reason for the delay and documentation to support the explanation.

  • Provide the debtor with the address of the servicing FO, and tell the person to send or deliver the signed statement to that office.

  • Record the action taken on DMS Remarks.

    IMPORTANT: Do not send the caller a form SSA-561-U2 (Request for Reconsideration).

FO Action

  • Obtain a signed statement from the claimant explaining the reason for the delay in filing the request for reconsideration and obtain documentation to support the explanation.

  • Explain to claimant that SSA will decide whether he/she has shown good cause for late filing and whether to extend the time or dismiss the appeal.

  • Make the determination on the issue of good cause for late filing.

  • If good cause for late filing is found, input the request on the Appeal (UOAP) screen, selecting “RECONSIDERATION” to document an appeal request. See MSOM BUSSR 004.010 for more detailed information about this screen.

  • Process the reconsideration determination according to instructions in SI 02220.017A.4. If the reconsideration decision did not wholly reverse the initial overpayment determination, the Overpayment Decisions (UOPD) screen should be used to post the partial overpayment decision. (See MSOM BUSSR 004.008).

  • When a suspend bill code, appeal request or waiver request is posted, a 30 days diary is set for the resumption of garnishment.

  • If good cause for late filing is not found, dismiss the request for reconsideration.

  • If the dismissed request for reconsideration was previously input on the UOAP screen, input a denial on the UOAP screen. See MSOM BUSSR 004.010 for more detailed instructions on this screen. The system will resume garnishment activity.

PC Action

    • Tell the caller that he/she had 60 days from the date of SSA's initial notice of overpayment to request reconsideration of the overpayment determination.

    • Tell the caller that he/she must show good cause for late filing in order for SSA to reopen the initial overpayment determination. Good cause for late filing can be found by SSA when, for example, the person was seriously ill and was prevented from contacting SSA in person, in writing, or through a friend, relative, or other person. See GN 03101.020, Good Cause for Extending Time Limit, for more information on what constitutes good cause for late filing.

    • Advise the caller that he/she needs to submit a signed statement explaining the reason for the delay and documentation to support the explanation.

    • Provide the debtor with the address of the servicing FO, and tell the person to send or deliver the signed statement to that office.

    • Requests for Reconsiderations will be referred to the servicing FO for the decision.

    • Record the action taken on DMS Remarks.

b. Reconsideration of SSA's Decision to Use Garnishment

SSA's regulations at 20 CFR 416.1403 for Title XVI cases (and 20 CFR 404.903 for Title II cases) include garnishment in the list of administrative actions that are not initial determinations. Therefore, the person has no right to a reconsideration request on SSA's decision to use garnishment.

TSC/FO/PC should proceed as follows when the person requests reconsideration of SSA's decision to use garnishment:

  • Tell the person that SSA's regulations state that garnishment is not an initial determination subject to appeals, and that we cannot act on any such request.

  • Tell the person SSA will continue to use garnishment to collect the overpayment.

IMPORTANT: Do not solicit a form SSA-561-U2 (Request for Reconsideration) regarding SSA's decision to use garnishment.

C. PROCEDURE - DEBTOR OFFERS TO REPAY

1. Full Refund

Offers to make full refund of overpayments are processed the same way for Title II and Title XVI debts. For detailed instructions when the debtor offers to repay the overpayment in full, refer to GN 02201.041C.1.

2. Installment Payments

Regular monthly installment payments will prevent AWG if it has not started. Installment payments will not stop AWG if it has begun.

Since AWG is an enforced collection that guarantees the recovery of some or all of the debt, we want to prevent manipulation of the system by people who do not make good faith offers to repay. AWG is also a complex process requiring communication among the debtor, the employer and SSA. Therefore, to prevent repeated efforts to stop and resume this complex process, we have decided that installment payments after AWG has begun will not stop that collection method.

IMPORTANT: In any discussion with a person who wants to make installment payments in the hope of stopping garnishment, advise the person that installment payments will not stop garnishment if it has begun. SSA will still accept the payments but garnishment will continue.

If AWG has not begun, stress to the person that regular monthly payments are required to prevent SSA's use of garnishment. Any lapse in regular payments can result in SSA's use of garnishment.

a. TSC Action

  • Refer the request to the servicing FO via MDW (non-MSSICS cases) or DW01 (MSSICS cases).

  • Advise the caller that someone from the FO will contact him/her about the request.

  • Record the action taken on DMS Remarks.

b. FO Action

  • Attempt to negotiate a rate of repayment which would permit full recovery within 12 months.

  • If that is not possible, try to establish a rate of repayment which will permit full recovery within 36 months.

  • If that is not possible, minimum payments of at least $10 per month are required unless there are unusual circumstances (e.g., title XVI recipient).

  • If you negotiate an agreement (person agrees to pay back $10 per month or more): (1) Complete the Overpayment Decisions (UOPD) screen (MSOM BUSSR 004.008) to reflect the negotiated agreement. (2) Tell the caller to send the payment(s) in the envelope that was provided with the overpayment notice. (3) If the caller does not have the envelope, give him/her the address for sending in remittances: MATPC, P.O. Box 3430, Philadelphia, PA 19122. (4) Record the action taken on DMS Remarks.

  • If the person wishes to pay back less than $10 per month and/or unusual circumstances apply, refer to GN 02210.214B. and SI 02220.025B.2.

  • Tell the person that an immediate payment, followed by regular monthly payments, could result in the prevention of SSA's use of garnishment.

  • If the person is present in the FO and makes a payment, process the remittance per instructions in GN 02403.006.

c. PC Action

  • Follow the instructions in GN 02210.214B. and SI 02220.025B.2.

  • Tell the person that an immediate payment, followed by regular monthly payments, could result in the prevention of SSA's use of garnishment.

3. Debtor Makes a Compromise Offer

If the debtor makes a compromise offer, proceed as follows:

a. TSC Action

  • Advise the caller to contact the servicing FO to arrange a compromise settlement.

  • Give the caller the name, address and telephone number of the FO that services his/her current address.

  • Document the request for compromise offer on the DMS Remarks.

  • Do not make any input to stop AWG withholding.

b. FO Action

  • Follow the instructions in SI 02220.030, SSI Overpayment Compromise Settlement.

  • Tell the debtor that AWG will continue unless we receive the compromised amount.

c. PC Action

  • Follow the instructions in GN 02210.215, Debtor Offers to Compromise.

  • See SM 01311.290 for instructions for posting the Y TAC.

  • Tell the debtor that AWG will continue unless we receive the compromised amount.

D. PROCEDURE - DEBTOR ALLEGATIONS ABOUT EMPLOYMENT

1. Report of Employment Termination

At any time in the garnishment process, a debtor may report to SSA that his/her employment terminated; e.g., debtor quit, was fired or laid off, employer went out of business.

The same DMS screens and processing instructions are used for Title II and Title XVI debtors who report employment termination. See GN 02201.041D.1. for detailed processing instructions when the debtor reports employment termination.

2. Report of Employer Adverse Action Against Debtor

Federal law prohibits an employer from using an AWG order as the basis for taking adverse action against an employee.  An individual may file a civil action in Federal or State court against an employer who violates the prohibition.

The same DMS screens and processing instructions are used for Title II and Title XVI debtors who report employer adverse actions. If a debtor alleges being fired or otherwise disciplined by the employer due to the AWG order, refer to GN 02201.041D.2. for detailed processing instructions.

E. PROCEDURE - OTHER REPORTS THAT COULD AFFECT AWG

1. Debtor Alleges Nonreceipt of the Overpaid Amount

If a debtor alleges nonreceipt of the overpaid amount, obtain an SSID and/or an Inquiry Response Query. If the query shows no record of nonreceipt of the payment(s) in question, proceed as follows:

TSC/FO/PC Action

  • If the debtor had a representative payee, explain that the payment(s) was sent to the payee and there is no indication that payment(s) was not received.

  • If there was no representative payee, explain that our records do not show any evidence of a nonreceipt allegation at the time the initial overpayment notice was sent.

  • If the debtor insists that we provide a photocopy of the check(s) in question, explain that we will investigate but the debt will still be subject to TOP/ECO collection tools (Treasury Offset Program, credit bureau reporting and AWG).

  • If the investigation supports the nonreceipt allegation and the debt is found not to exist, explain that SSA will repay any amounts collected by AWG and/or TOP, and will also delete the debt from the person's credit report.

  • Follow GN 02406.117 to handle the nonreceipt allegation for a check and GN 02406.007 for a direct deposit payment (these references apply to titles II and XVI payments). DO NOT make any systems input.

NOTE: If the investigation shows that a copy of the check is not available, presume that the debtor received the check. The overpayment should be determined to stand.

2. Debtor Alleges Nonreceipt of Initial Overpayment Notice

If the debtor alleges never receiving the initial overpayment notice, proceed as follows:

a. TSC/PC Action

  • Advise the debtor to submit a statement regarding nonreceipt of the notice along with his/her current address and telephone number to the FO in person or by mail.

  • Provide the address and telephone number of the FO that services the debtor.

  • Explain to the debtor that applicable TOP/ECO collection tools (Treasury Offset Program, credit bureau reporting and AWG) will continue to apply unless we can confirm his/her allegation.

b. FO Action

  • Get a statement from the debtor regarding nonreceipt of the notice along with his/her current address.

  • Explain to the debtor that TOP/ECO will continue to apply unless we can confirm his/her allegation through a folder review.

  • If the claims folder is in the FO, check for an undeliverable notice and process according to the following instructions.

c. Undeliverable Initial Overpayment Notice Was Remailed

Review the claims folder to determine if the notice was returned as undeliverable. If the undeliverable initial overpayment notice was remailed, take the following actions:

  • Tell the debtor the date the new notice was mailed.

  • Tell the debtor that the overpayment is still subject to collection by TOP/ECO tools.

d. Undeliverable Initial Overpayment Notice Not Remailed

If a subsequent notice was not mailed, the debtor has the right to a full administrative review process. Take the following actions if the original notice was returned as undeliverable and a subsequent notice was not mailed:

  • Send an initial overpayment notice to the debtor's current address and overlay the old notice date with the new notice date using the MSSICS Update Sequence Data (UOSD) screen (see MSOM BUSSR 004.006). If the debtor is in the FO, give him/her the initial overpayment notice.

  • If there is a disposition code on the SSR, delete the old disposition code by completing the MSSICS Add/Change/Delete Overpayment Decisions (UODC) screen. (See MSOM BUSSR 004.007).

  • The new notice date will overlay the old and an unresolved overpayment will be computed.

NOTE: The above actions will delete the debt from the Treasury Offset Program and from AWG until the debt becomes delinquent and meets all TOP/ECO selection criteria. The preceding actions will not, however, delete the debt from the credit bureau if it was previously reported as delinquent. Advise the debt management program analyst regarding the need to delete the debt from the credit bureau report.

e. No Evidence to Support Allegation of Nonreceipt of Notice

If there is no evidence to support the debtor's allegations about not receiving the initial overpayment notice, take the following actions:

  • Advise the debtor (by telephone, if possible) accordingly.

  • Explain that since there is no evidence that the notice was returned as undeliverable by the post office, we must proceed on the assumption that the notice was received.

  • Document the DMS Remarks (RMKS) screen with the information about the debtor contact.

3. Report of Bankruptcy Proceeding

Reports of bankruptcy proceedings on AWG cases are handled the same way as on all other overpayment cases. Proceed as follows when you receive a report that a bankruptcy petition is pending or that a debt has been discharged in bankruptcy:

a. TSC Action

  • Tell the caller to submit the bankruptcy petition or discharge order to the servicing FO.

  • Provide the address and telephone number of the servicing FO.

  • Explain that all debt collection processes will continue until SSA receives and reviews the bankruptcy information and determines that recovery efforts should stop.

  • Explain that if the person provides the bankruptcy information within 60 days of the pre-offset notice, debt collection processes could be stopped.

  • Record the contact on DMS Remarks.

  • Do not make any input to stop AWG.

b. FO/PC Action

  • Follow the instructions in SI 02220.040 when you receive a notice of a bankruptcy proceeding.

NOTE: Any suspend billing input code (other than “Delete”) on the MSSICS Update Sequence Data (UOSD) Screen will automatically result in preventing or stopping AWG. (See MSOM BUSSR 004.007 for more detailed instructions on this screen). Therefore, you do not need to make any special input to stop AWG.

4. Report of Death

For a report of death, proceed as follows.

a. FO/TSC Action

If the FO/TSC first finds out that a debtor is deceased, obtain proof of death as required by GN 00304.001. Report the death to the PC as quickly as possible. Provide the debtor's name, claim number and date of death, if known.

b. PC Action

If the PC first finds out that a debtor is deceased, obtain proof of death as required by GN 00304.001. Input the death using the Stop Collection Action (TRSC) screen (see MSOM DMS 014.003) which is requested from the Debt Management screen. This input will prevent or stop collection action by TOP/ECO processes.

Conduct any estate development in accordance with GN 02215.050 through GN 02215.070.

F. REFERENCES

This section contains references for additional information on AWG.

1. SSA Regulations

20 CFR 422.401-445 – See PolicyNet and select “Regulations”

2. POMS and MSOM

  • GN 02201.040 - Collection of Title II/Title XVI Overpayments by Administrative Wage Garnishment (AWG)

  • GN 02201.041 – Debtor Reactions to Collection of Title II Overpayments by Administrative Wage Garnishment (AWG)

  • GN 02201.042 – Employer Issues Regarding Collection of Title II/XVI Overpayments by Administrative Wage Garnishment (AWG)

  • SM 01311 – SSI Overpayment/ Underpayment Procedures

  • MSOM BUSSR 004.001 – SSI Overpayment and Underpayment Processing