TN 15 (09-01)

SI 02220.035 SSI Overpayment - Recovery By Civil Suit

A. Policy

If, despite all reasonable efforts, you are unsuccessful in collecting an overpayment of $3,000 or more ($5,000 or more in estate cases), refer the overpayment to the DOJ, through the ARC MOS.

However, do not refer a death case of more than $5,000 when there is no estate (GN 02215.150).

NOTE: Unsuccessful efforts to collect funds misused or misapplied by a representative payee, or transfer funds conserved by a former payee may also be referred to the DOJ.

To enforce collection through civil suit, the Government must be able to prove its case based on the information provided in the Claims Collection Litigation Report (CCLR) (see GN 02215.168).

B. Procedure

1. Criteria for referral

The criteria for referral to DOJ are the same for title II and title XVI. See GN 02215.150.

2. FO responsibilities

Do not refer to DOJ when one or more of the following documentation, notification, etc., requirements cannot be completed.

  1. Document the overpaid individual's ability to refund the overpayment. Use section II of a SSA-632-BK completed within the past 6 months. (See SI 02260.005 for completion of the SSA-632-BK.)

    Do not refer to DOJ when a new or updated SSA-632-BK must be completed and the individual refuses to cooperate.

    See GN 02215.150B.5. for instructions on determining ability to repay.

    Follow guidelines in GN 02215.150B.3. for reporting debt to the U.S. Attorney.

  2. Send a notice to the individual to inform him/her that the overpayment matter will be referred to the DOJ unless refund is made within 30 days of the date of the notice.

  3. Prepare and forward to the RO (ARC MOS) the following:

  4. Complete the MSSICS Overpayment Decisions (UOPD) screen and select the appropriate code to build an MJ TAC in the OPDD segment until the ARC MOS (or the DOJ) makes a final disposition decision (see SM 01310.200 and SM 01311.200). The RO will review the documentation submitted by the FO. When complete, the RO will forward the claim to the appropriate U.S. Attorney by sending it to:
     

    U.S. Department of Justice

    Nationwide Central Intake Facility

    2 Constitution Square

    145 N Street, NE Room 5E.307

    Washington, DC 20530

3. FO actions after DOJ referral

  1. If the DOJ (U.S. Attorney) requests a listing of the checks involved in the overpayment claim, see GN 02215.175A. for additional instructions.

  2. Do not make any further requests for refund.

  3. However, accept any refund offered, as long as the individual has not received notice from the U.S. Attorney.

    • Forward the refund to MATPSC, P.O. Box 3430 Philadelphia, PA, 19122-9985. (Be sure to include the claim number on the check).

    • Notify the RO by telephone.

    • RO will notify the U.S. Attorney by telephone.

      NOTE: See GN 02403.006 and MSOM DMS 003.001 for processing remittances received in the FO.

  4. If the individual offering the refund has received notice from the U.S. Attorney:

    • Accept only a full refund.

    • If less than full refund is offered advise the debtor to make the refund to the U.S. Attorney. (See GN 02215.180.)

  5. If the individual reestablishes eligibility for SSI:

    • Select the Overpayment Decisions (UOPD) screen and delete the appropriate code and then complete the Add/Change/Delete Overpayment Decisions (UODC) screen to add Recovery by Check Adjustment (see SM 01311.120, SM 01311.205, MSOM BUSSR 004.007 and MSOM BUSSR 004.008 )

    • Call the RO, which will call the U.S. Attorney to inform him/her of your actions.

    • Terminate adjustment if:

      The U.S. Attorney has recovered the overpayment, or

      The individual can prove he/she has repaid the overpayment. (See SM 01311.150.)

      Contact U.S. Attorney if the proof offered is