PROGRAM OPERATIONS MANUAL SYSTEMPart SI – Supplemental Security IncomeChapter 022 – OverpaymentsSubchapter 20 – Recovery Procedures for Supplemental Security Income OverpaymentsTransmittal No. 54, 03/11/2020
This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.
Summary of Changes
SI 02220.005 Documenting the Supplemental Security Income (SSI) Overpayment
- Added clarifying language in Section B.2.a that a request for change in repayment rate is documented on the MSSICS DROC screen with other overpayment file documentation.
- Added citation to SM 01311.125 to Section B.2.d.
When we pay an SSI recipient more than the amount that he or she is due for a month or more, the recipient is overpaid. We must notify the recipient (and his or her representative payee) of the overpayment. We must then dispose of the overpayment by making one or more of the following overpayment disposition decisions:
Recover the overpayment,
Waive the overpayment; or
Make a determination that the overpayment did not exist, and is erroneous or uncollectible. For information on what constitutes an overpayment, see SI 02201.005.
The overpayment disposition decision reflects how we dispose of an overpayment.
Regardless of the amount of the overpayment, we must document all overpayment disposition decisions on the Supplemental Security Record (SSR).
Technicians must document the rationale for all non-collect overpayment disposition decisions in the case file. For a complete list of non-collect overpayment disposition decisions, see SI 02220.005C.3.a. Additionally, technicians must obtain management review and concurrence on non-collect decisions for overpayments of $2,000.01 or more.
Managers must document their review and concurrence with non-collect decisions on overpayments of $2,000.01 or more.
Regardless of the overpayment amount, we must first determine all months for which the recipient was overpaid (the overpayment period). For overpayment period information, see SI 02201.005C.4. and SM 01311.035D. Document the final disposition of each overpayment sequence on the SSR you are taking action on, including any notice, collection, transfer, or appeal decision, by posting it through Direct SSR Update.
For original overpayments of $2,000.00 or less, the FO technician (Claims Specialist (CS)/Customer Service Representative (CSR) or higher) selects the applicable overpayment disposition decision on the overpayment decision (UOPD) screen in Direct SSR Update.
The following table lists all possible overpayment decisions found on the UOPD screen (MSOM BUSSR 004.008) with corresponding policy instructions.
3=RECOVER BY CHECK ADJUSTMENT
4=UNWILLING TO REPAY
5=UNABLE TO REPAY
8=UNABLE TO LOCATE/OUT OF COUNTRY
SI 02220.051 or SI 02220.050
9=OVERPAYMENT TO BRING FORWARD
10=RECOVER BY INSTALLMENTS
SI 02201.010 or SI 02201.020
13=RECOVER FROM TITLE II BENEFITS
14=REFERRAL TO DOJ (CIVIL SUIT)
15=REFERRAL TO OIG
16=REFERRAL TO TREASURY
If the debtor resides outside the US
If the debtor resides in a foreign country, post a DM TAC (SM 01311.200) to indicate that we are unable to locate the debtor, or the debtor is out of the country.
If the debtor resides in Puerto Rico or the Virgin Islands, post the new residence address.
Post the new address (the system will automatically post the jurisdictional FO code (DIS) to the SSR; and
Transfer the case in MSSICS to the Downtown Manhattan FO, using FO Code “109.”
Technicians must document non-collect overpayment disposition decisions of any amount, and requests for change in recovery rate on the report of contact (DROC) screen in the Modernized Supplemental Security Income Claims System (MSSICS). List the overpayment:
Recovery rate requested;
Disposition decision; and
Reason for the disposition decision.
For non-MSSICS cases, document the information shown above on form SSA-5002, and fax the SSA-5002 and all related documents into the non-disability repository for evidentiary documents (NDRED). For NDRED information, see GN 00301.322.
NOTE: Do not use Form SSA-8108 (SSI Overpayment and Disposition Determination) to document the overpayment disposition because it is obsolete.
For waiver decisions, follow specific waiver documentation requirements in SI
See SM 01311.125 for changing the recovery rate for check adjustment, and MSOM 00304.008 (UOPD) for changing overpayment decision amount.
Whether an overpayment decision requires FO management (or higher) review depends on the original overpayment amount. Use the chart in SI 02220.005C.7 in this section to determine the level of management review required when fraud is not involved.
We are required to attempt to recover overpayments to recipients, regardless of the amount. Therefore, overpayment collect decisions do not require management review. Since a decision to deny a waiver is a decision to attempt collection of the overpayment, waiver denial decisions also do not require management approval.
Technicians will document the rationale for collect decisions during a personal conference when the liable person requests a waiver and the technician cannot approve the waiver. See SI 02260.001 for waiver information or SI 02260.006 for personal conference information.
Technicians will document the rationale for collect decisions during a case review or formal/informal conference when the liable person (or his or her representative) requests an appeal and the technician cannot grant the appeal. For information on overpayment appeals, see SI 02220.017.
Collect decisions include:
Recover by check adjustment;
Recover by installments; and
Recover from Title II benefits.
For more information on the overpayment recovery process, see SI 02201.005.
If the original overpayment (not the balance after a collect decision) is $1,000.00 or less (and we have determined that the recipient was not at fault in causing the overpayment), and the recipient requests that we waive recovery of the overpayment, the CS, CSR, or TSC-CSR may waive the overpayment administratively and without management review. For FO administrative waiver instructions, see SI 02260.030C.6. For instructions on TSC overpayment processing, see TC 26010.000.
If the original overpayment is $1,000.00 or less and the recipient was at fault in causing the overpayment, a waiver decision is not applicable, however, another non-collect decision (unwilling/unable to repay, uncollectible, or unable to locate/out of country) may apply. Management review is not required.
FO CSs and CSRs may make non-collect decisions on overpayments of $2,000.00 or less without obtaining management review and concurrence. Non-collect decisions include:
Unwilling to repay;
Unable to repay;
Unable to locate/out of country; and
Technicians may need to refer a case to another SSA component, such as the administrative law judge (ALJ), or another agency, such as the Department of Justice (DOJ), or the Department of Treasury (Treasury) for a hearing or other decision before making an overpayment decision. Referral “decisions” include:
Referral to DOJ (Civil Suit);
Referral to OIG;
Referral to Treasury; and
FO Management (Operations Supervisor (OS), Management Support Specialist (MSS) or manager) must review and concur with all overpayment non-collect disposition decisions on original overpayments of $2,000.01 - $20,000.00, through a 2-PIN process.
After the technician selects an overpayment disposition decision via the UOPD, the OS, MSS, or manager takes these actions:
Reviews the non-collect decision for technical accuracy and conformance with POMS instructions;
Documents the required management review for MSSICS cases, using the DROC screen. For non-MSSICS cases, document the required management review on form SSA-5002, fax the SSA-5002 and all related documents into the non-disability repository for evidentiary documents (NDRED);
Briefly states that he or she reviewed the proposed overpayment decision for technical accuracy, conformance with POMS instructions, and concurs with the disposition;
Accesses the Direct SSR Update using his or her own PIN; and
Completes the Decision Approval (UODA) screen on the same day as the CS or CSR, and enters his or her disposition decision on the UOPD.
If the FO manager does not concur with the disposition decision, he or she returns the case to the CS or CSR for further action.
Overpayments under Recovery and Collection of Overpayments (RECOOP) system control;
Overpayment disposition decisions made in the Payment Centers (PCs). PCs follow the instructions in GN 02210.217.
Court decisions, e.g., administrative law judge (ALJ) waiver approvals, overpayment decision reversals, and overpayments discharged in bankruptcy court. See SI 02220.040 for more information regarding overpayment recovery and bankruptcy.
For instructions on accepting compromise settlement offers, see SI 02220.031.
If the FO manager concurs with the technician’s recommendation of a non-collect decision on an overpayment between $20,000.00 and $100,000.00, the manager must refer the recommendation to the Assistant Regional Commissioner for Management and Operations Support (ARC MOS) for review and concurrence.
If the Processing Center (PC) manager concurs with the non-collect decision, he or she must refer the recommendation to the Assistant Regional Commissioner for Processing Center Operations (ARC PCO).
The RO reviewer (ARC MOS or ARC POS) takes these actions:
Documents his or her review using the DROC screen in the MSSICS development path. For non-MSSICS cases, the reviewer documents the required RO review using the NDRED process;
Briefly states (on behalf of the ARC MOS) that he or she reviewed the proposed overpayment non-collect decision for accuracy, conformance with POMS instructions, and concurs with the disposition decision; and
Uses his or her own PIN to post the overpayment disposition decision.
If the RO reviewer does not concur with the non-collect disposition decision, he or she returns the case to the FO for further action.
NOTE: Refer to regional instructions for specific RO review and concurrence procedures.
For overpayment non-collect decisions on overpayments of $100,000.00 or more, refer the case to DOJ through the ARC MOS following FO management review and concurrence.
For complete instructions on forwarding cases to DOJ, see SI 02220.035.
Management Review Requirements
Management review is not required
Unwilling To Repay,
Unable To Repay,
Erroneous, Unable to Locate/ Out of Country, Compromise Settlement, Incorrect Overpayment
$2,000 or less
Waiver (Approved), Unwilling to Repay, Unable to Repay, Uncollectible, Erroneous, Unable to Locate/ Out of Country, Compromise Settlement, Incorrect Overpayment
$2,000.01 - $20,000.00
CSR, CS, or higher (recommending). Management review is
required. An Operations Supervisor (OS), or Management Support Specialist (MSS), or higher, must review and concur with the disposition decision(s).
$20,000.01 - $100,000.00
CSR, CS, or Higher (recommending). Management review is
required. An OS, MSS or higher, must review and concur with the disposition decision(s). Mandatory referral to the Assistant Regional Commissioner for Management And Operations Support (ARC, MOS) for referrals from the FOs, or Assistant Regional Commissioner for Processing Center Operations (ARC, PCO) for referrals from the PSCs. ARC MOS and ARC PCO must review and concur with the disposition decision(s).
$100,000.01 or more
CSR, CS (Recommending). Management review is required. An OS, MSS Or higher must review and concur with the disposition decision(s). Mandatory referral to DOJ Through ARC MOS. See GN 02215.235D.
Refer the case to the Office of the Inspector General (OIG). For instructions on referring fraud cases to OIG, see SI 02201.007.
Post a MO TAC. For instructions for referral to another agency, see SM 01311.220.
Take no further action until OIG contacts you.
If the fraud case is under the jurisdiction of DOJ, post a MJ TAC-referral to the DOJ, Program Integrity, or other agency. For a discussion of posting a MJ TAC, see SM 01311.220 and MSOM BUSSR 004.008.
GN 00301.310 The Non-Disability Repository for Evidentiary Documents (NDRed) Application--Overview
GN 02215.235 Suspension or Termination of Collection Action for Title II and Title XVI Debts
MSOM BUSSR 002.001 Direct SSR Update - Overview
MSOM BUSSR 004.001 SSI Overpayment and Underpayment Processing – Overview
MSOM BUSSR 004.008 Overpayment Decisions (UOPD)
MSOM BUSSR 004.020 Decision Approval (UODA)
SI 02201.005 SSI - What is an Overpayment?
SI 02201.007 Supplemental Security Income (SSI) – Overpayment Fraud
SI 02220.001 Recovery Procedures for SSI Overpayments-General
SI 02220.011 Reconciliation of Overpayment Debt in Terminated Records
SI 02220.020 Cross-Program Recovery (CPR) of SSI Overpayments from Monthly Title II Benefits
SI 02220.025 Overpayment – Recovery By Refund
SI 02220.030 SSI Overpayment – Compromise Settlement
SI 02220.031 SSI Overpayment – Processing of Compromise Offers
SI 02220.035 SSI Overpayment – Recovery by Civil Suit
SI 02220.036 SSI Overpayment for Recovery of Court-Ordered Restitution
SI 02220.040 Supplemental Security Income (SSI) – Recovery Through Bankruptcy Proceedings
SI 02220.050 Suspension and Termination of Recovery Efforts from Living Individual
SI 02220.051 SSI Overpayment – FO Efforts to Locate an Overpaid Individual in Nonpayment Status
SI 02220.053 Suspension and Termination of Supplemental Security Income (SSI) Overpayment Recovery Efforts for a Deceased Individual
SI 02260.000 Waiver Provisions for SSI Overpayments
SI 02260.005 Completing the SSA-632BK (Request for Waiver of Overpayment Recovery)
SM 01311.120 Recover by Check Adjustment Decision (D TAC) and Manual Notice Date (C01 Payment Status)
SM 01311.125 Establishing and Changing the Recovery Rate for Check Adjustment
SM 01311.200 Suspending Collection Using the DB, DC or DM TACs
SM 01311.205 Deleting or Changing a DB, DC or DM TAC
SM 01311.220 Bankruptcy and Referral to Another Agency – MJ, MO, MS and MT TAC
SM 01311.235 Recovery by Installments – G TAC
SM 01311.240 Deleting the G TAC
SM 01311.255 Manual Cross-Program Recovery of a Title XVI Overpayment from Title II Benefits
SM 01311.261 Deleting the K TAC
SM 01311.280 Uncollectible and Erroneous Overpayment Decisions – N TAC and NT TAC
SM 01311.285 Deleting or Correcting the N TAC or the NT TAC
SM 01311.290 Compromise Settlement – Y TAC
SM 01311.295 Deleting or Correcting the Y TAC
SM 01311.340 Incorrect Overpayment on an Uncorrectable Record – Z TAC
SM 01311.345 Deleting the Z TAC
SM 01311.350 Overpayment to be Collected on Another Record – Q TAC
SM 01311.422 How the System Reacts to a Suspend Billing Code, Waiver Request, and/or Appeal Request
SM 01311.423 How to Add, Delete, or Change a Suspend Billing Code, a Waiver, and/or Appeal Request
SM 01311.424 Examples of How to Add, Change, or Delete a Suspend Billing Code or Waiver Request
VB 02020.005 Collection of Overpayments from Special Veterans Benefits