The notice about the cross-program recovery gives the debtor the opportunity to request
a review and to present evidence that he/she does not owe the debt or owes an amount
that is different than the amount stated in the notice. The evidence can be a cancelled
check, remittance receipt from SSA, an acceptable document showing the debt was waived
or other valid document.
IMPORTANT: The determination on the debtor's request for review is a reconsideration determination.
Therefore, the notice that SSA sends to the debtor must include language explaining
the right to a hearing before an administrative law judge.
See MSOM BUSSR 002.007, Appeals Process, in Direct SSR Update.
a. Amount of Overpayment Shown is Correct
If the amount of the overpayment shown on the notice is correct:
Notify the person in writing that after review of the evidence, the amount shown on
the notice is correct.
If the debt no longer exists (e.g., was waived, repaid, discharged in bankruptcy):
Notify the person in writing that the debt no longer exists;
Correct the systems records to show that the debt was paid in full or no longer exists;
Refund the incorrectly recovered money. See SM 00616.005B. and SM 00616.017C.
c. Amount of Overpayment Shown is Incorrect
If the amount of the overpayment shown on the notice is incorrect:
Notify the person in writing of the correct amount of the debt;
Correct the systems records to show the correct amount; and
Refund any incorrectly recovered money. See SM 00616.005B. and SM 00616.017C.
d. Person Requests Reconsideration of the Fact or Amount of the Original Debt (Overpayment
Some debtors may still request reconsideration of the overpayment determination. Accept
form SSA-561 (Request for Reconsideration) or equivalent when the debtor asks for
reconsideration of the fact or amount of the original overpayment. See the procedures
in SI 02220.020D.7 and SI 02220.020D.8.
e. Person Requests Waiver
The notice that tells the person about the proposed cross-program recovery explains
waiver rights. The person may request waiver at any time. If he/she requests waiver,
obtain an SSA-632-BK (Request for Waiver of Overpayment Recovery or Change in Repayment
Rate) and adjudicate the waiver request per instructions in SI 02260.001.
If the decision is to approve waiver of overpayment recovery, refund any incorrectly
recovered money. See SM 00616.017C.