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