Identification Number:
EM-22017
Intended Audience:All RCs/ARCs/ADs/FOs/ /PSCs/OCO/OCO-CSTs/
Originating Office:DCO OPSOS
Title:Removal of 10 Year Bar to Recovery Procedures
Type:EM - Emergency Messages
Program:Title II (RSI)
Link To Reference:See Reference at the end of this EM.
 
Retention Date: September 23, 2022




A. Purpose
    This EM provides guidance for processing overpayments since the instructions in POMS (GN 02210.003) placing a 10-year bar to recovery are now obsolete.
B. Background
    Effective May 11, 2021, POMS section GN 02210.003, 10-year Bar to Adjustment – Overpayment, has been archived. This policy did not allow adjustment of an overpayment more than 10 years after the debt accrued when the means to collect by benefit withholding was available, but no recovery efforts were initiated. The 10-year bar to recovery policy was based on a now-outdated Health and Human Services Regulation. Neither the Social Security Act nor SSA regulations support barring overpayment adjustment of debts more than 10 years after the debt accrues when the means to collect by benefit withholding was available, but no recovery efforts were initiated. This policy no longer applies and should not be considered when processing overpayment adjustments.
C. Instructions for adjusting overpayments more than 10 years old
    When technicians discover benefit adjustment is available (i.e., new claim adjudication or processing re-entitled/contingent liable beneficiary alerts), they are no longer barred from collecting an overpayment more than 10 years after the debt accrued.

    1. Transfer and initiate debt recovery, as applicable and appropriate. Technicians must process all new cases with the current debt collection policies and procedures regardless of the debt accrual date since the 10-year bar rule is obsolete.
      2. Do not input a waiver determination (TC 53) for these debts without receiving a waiver request from the overpaid individual and completing waiver development as appropriate.
    D. Waiver determinations adjudicated prior to May 11, 2021
      When an overpayment waiver determination (TC 53) based on the 10-year bar to recovery was processed before May 11, 2021, that decision is considered a final determination.
        Technicians should not attempt to reopen or collect any overpayment previously waived (including cases with fraud indicated) due to the 10-year bar rule because the debt is now closed.

      Direct all program-related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their Central Office contacts.

      Reference:
      GN 02205.005 Contingent Liability for Title II Overpayment Recovery
      GN 02210.001 Overpayment Recovery by Benefit Adjustment
      GN 02210.015 Priority of adjustment - overpayment
      GN 02210.016 Applying priority of adjustment - overpayment
      EM-22017 - Removal of 10 Year Bar to Recovery Procedures - 03/23/2022