Identification Number:
EM-21052
Intended Audience:All RCs/ARCs/ADs/FOs/PSCs/OCO/OCO-CSTs
Originating Office:DCO OPSOS
Title:Documentation Update for Preparing Bankruptcy Proof of Claim - Instructions Will Follow Shortly
Type:EM - Emergency Messages
Program:Title II (RSI); Title XVI (SSI); Disability
Link To Reference:See References at the end of this EM
 
Retention Date: February 06, 2022


A. Purpose

    The purpose of this EM is to inform technicians that they no longer need to include the Claims Collection Litigation Report (CCLR) when preparing a bankruptcy Proof of Claim, and they should submit the Proof of Claim documents electronically by way of email.

B. Background

    When an overpaid individual files bankruptcy, SSA must stop all collection activity. To assist with receiving repayment of the debt, SSA files a Proof of Claim. Currently, we are required to complete and submit certain documents when filing a Proof of Claim. In an effort to streamline the process, technicians no longer need to complete the CCLR. Technicians will email all other bankruptcy related documents to the Office of General Counsel (OGC).

C. Procedure - Preparation of Documents
      1. Complete Official Form 410 (see GN 02215.200 and SI 02220.040).
      2. Prepare one copy of the Notice of Bankruptcy, Proof of Claim, and Certificate of Indebtedness (see GN 02215.260) electronically with electronic signatures.
      3. Do not complete the CCLR.
      4. Email Notice of Bankruptcy, Proof of Claim, and Certificate of Indebtedness documents:
          a. For Title II, email documents to the appropriate Regional Counsel.
          b. For Title XVI, email documents to the Regional Office (RO). The RO will email documents to the appropriate Regional Counsel.

NOTE: For the current OGC bankruptcy contact list, see this link.

Direct all program-related and technical questions to your RO support staff 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.

References

GN 02215.200 PC Preparation of Proof of Claim
GN 02215.260 Certificate of Indebtedness
SI 02220.040 Supplemental Security Income (SSI) Overpayment- Recovery through Bankruptcy

EM-21052 - Documentation Update for Preparing Bankruptcy Proof of Claim - Instructions Will Follow Shortly - 08/06/2021