Identification Number:
SI 02220 TN 50
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Recovery Procedures for Supplemental Security Income Overpayments
Type:POMS Transmittals
Program:Title XVI (SSI)
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part SI – Supplemental Security Income
Chapter 022 – Overpayments
Subchapter 20 – Recovery Procedures for Supplemental Security Income Overpayments
Transmittal No. 50, 08/09/2019

Audience

PSC: BA, CCRE, CS, DS, LEAD DS, PETE, TA, TST;
OCO-ODO: CST, CTE, CTE TE, RCOVTA, RECONR, RECOVR;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

This transmittal provides policy and instructions to technicians for processing SSI debtor requests for a reconsideration of their overpayment. We removed instructions for requesting a waiver or a different rate of overpayment recovery.

 

Summary of Changes

SI 02220.017 Supplemental Security Income (SSI) Overpayment Reconsideration

We changed the title from "SSI Overpayment - Request for a Different Rate of Adjustment, a Reconsideration or a Waiver" to "Supplemental Security Income (SSI) Overpayment Reconsideration."

Subsection A - We moved instructions for requesting a change in recovery rate to SI 02220.026.

We moved waiver instructions to SI 02260.001.

Subsection B - We provide related SSI reconsideration references.

SI 02220.017 Supplemental Security Income (SSI) Overpayment Reconsideration

CITATIONS:

20 C.F.R. §416.1413(b)

A. Policy for SSI overpayment reconsideration

1. Request for overpayment reconsideration

A recipient, his or her appointed representative, representative payee, or another third-party on behalf of the recipient may file a request for reconsideration of the facts of an overpayment within 60-days of the initial overpayment notice. The facts of an overpayment include the:

  • Overpayment amount;

  • Overpayment period; and

  • Overpayment reason.

Field office (FO) and program service center (PSC) technicians must make a determination on the reconsideration issue when they receive an SSA-561-U2 (Request for Reconsideration) or other written disagreement with the overpayment determination.

a. Overpayment reconsideration request filed within 60-days

When an overpayment reconsideration is filed within 60-days of the overpayment notice date:

  • Stop recovery actions;

  • Refund by AOTP any payments withheld in the month of the request or later (See SM 01901.001);

  • Resume adjustment only when the reconsideration determination affirms the fact of the overpayment.

b. Overpayment reconsideration request filed after 60-days

When an overpayment reconsideration request is filed after 60-days, develop for good cause:

  • If good cause for late filing exists, stop overpayment recovery and process the reconsideration request. See SI 04005.015 for more information on good cause.

  • If good cause for late filing does not exist, dismiss the reconsideration request.

c. Individual pursues further levels of appeal

Do not stop overpayment recovery if the individual pursues further levels of appeal, such as hearing by an administrative law judge, or appeals council review.

2. Request for reconsideration of a waiver denial

When an overpaid individual, or his or her representative, files a request for reconsideration of a waiver denial within 60 days of the denial notice, do not resume recovery action until:

  • The determination affirms the waiver denial; and

  • 60 days have passed from the date of the Notice of Waiver denial.

3. Process reconsideration request as a waiver request

a. If the FO receives an SSA-561-U2 for a Title XVI overpayment, there is no indication of fault on the part of the overpaid individual, and the original overpayment amount is:

• $1,000.00 or less - stop recovery and process as an administrative waiver request. For additional administrative waiver instructions, see SI 02260.030C.2; or

• $1,000.01 or more - make a determination on the reconsideration issue per SI 02220.017A.1.

b. If the overpayment is concurrent, see the note in GN 03102.225B.6.

For more information on SSI reconsideration, see SI 04020.020 and SI 04020.030.

B. Related references:

GN 03102.225 Preparation of Form SSA-561-U2 (Request for Reconsideration)

SI 04005.015 Good Cause for Extending the Time Limit

SI 04020.020 Requests for SSI Reconsideration

SI 04020.030 Developing and Processing SSI Reconsideration Requests


SI 02220 TN 50 - Recovery Procedures for Supplemental Security Income Overpayments - 8/09/2019