TN 30 (03-96)

NL 00703.189 Terminated Overpayment Collection - Overpayment Amount is Less Than Current Monthly Payment (No Representative Payee)

Document Identifier for Work Processor: E3189

A. EXHIBIT LETTER

When you receive (1) benefits on (2) Social Security record, you were overpaid $ (3) . In a letter we sent earlier, we told you how this overpayment happened and about your right to question our decision about the overpayment.

You still owe us $ (4) . We are writing to tell you how we plan to collect this overpayment. This letter will also tell you what to do if you think the overpayment was not your fault or if you cannot afford to pay us back.

We plan to recover the overpayment from the payment you would normally receive about
(5) . The reduced payment will be (6) and you will receive your regular monthly payment about (7) .

You or your representative have the right to request a determination concerning the need to recover the overpayment. This is called waiver. You may request waiver at any time. A request for waiver will be approved if both of the following are true:

  1. The overpayment is not your fault in any way, and

  2. You could not meet your necessary living expenses if we recovered the overpayment, or recovery would be unfair for some other reason.

If you request waiver, we may need a statement of your assets and monthly income and expenses.

We will notify you in writing of our determination.

If you request waiver within 30 days of the date of this notice, we will not take any action to recover the overpayment unless waiver is denied after you have had opportunity for a personal conference.

If you request waiver after 30 days, the action to recover the overpayment as indicated above will be stopped and any payment withheld on or after the date of your request will be paid back to you. We will not resume any recovery action unless you are denied waiver after you have had opportunity for a personal conference.

If you request waiver and after reviewing your request we cannot approve it, we will notify you in writing of our reasons. (8) A personal conference with a Social Security employee will then be scheduled for you so that you can explain why you do not believe your waiver request should be denied. More information about the personal conference is given in the notice if we cannot waive recovery of your overpayment.

If you disagree with the waiver decision you have other appeal rights. These appeal rights will also be explained in detail in the waiver determination notice.

If you request waiver, you will be asked when you contact a Social Security office to complete Form SSA-632-BK (Request for Waiver of Overpayment Recovery or Change in Repayment Rate). Even if you do not want to request waiver, please call, write, or visit any Social Security office1 if you cannot afford the planned withholding of your payment. Please take this letter with you if you do visit an office. Unless we hear from you within 30 days, we will withhold your payment as shown above.

If You Have Any Questions

3901C - Domestic
3901D - Foreign

 

1 If the person lives outside the U.S., substitute a fill-in from paragraph 3901D in NL 00703.005E.

B. REQUESTING INSTRUCTIONS

  • Send when processing a terminated overpayment collection case and the overpayment is less than the current monthly payment.

  • Refer to NL 00703.005E. for 3901C and 3901D text and fill-ins.

     

Fill-ins:

  1. Type of benefit to which the beneficiary was previously entitled, in the format, “widow's” or “child's.”

  2. Name of the wage earner on whose record the overpayment happened, possessive case. Use the format, “John Smith's.”

  3. Original overpayment amount

  4. Current overpayment amount.

  5. Month, day, year that the check would normally be received, in the format, “June 3, 1987.”

  6. Amount of the reduced payment

  7. Month, day, year that the full monthly check will be resumed, in the format, “June 3, 1987.”

  8. If the beneficiary lives outside the U.S., omit next two sentences.

C. TYPING INSTRUCTIONS

Use Form SSA-L2000-C2 (Universal Notice) and follow notice standards. Infor