SSA does not select self-employed people for AWG. In addition, SSA does not select people with agricultural wages for AWG, as the work history is too irregular to allow AWG to be effective.

The Agency excludes individuals from AWG selection:

• •

  while they are participating in the Ticket to Work and Self-Sufficiency Program and have tickets in use, or

• •

  while they are in a period of extended Medicare eligibility, or

• •

  while their Title II disability insurance benefits are stopped during the re-entitlement period.

Since one of SSA's main objectives is to increase employment of people with disabilities, SSA excludes people with the preceding work incentives from the AWG program.

SSA's regulations governing AWG do not allow the selection of a case for AWG while the person pays regular installments. In that case, we do not consider the person to be delinquent in repaying the debt.

AWG is a complex process to start and stop. Once the AWG package has been sent to the employer, AWG is considered active, and SSA will not stop collecting by AWG even if the debtor subsequently offers to start or resume paying us by regular installments. We will accept installment payments received after AWG starts, but we will not inactivate AWG.

SSA's regulations do not allow AWG to recover a debt when SSA is recovering by cross program recovery. If the debtor is selected for AWG and subsequently is selected for cross program recovery, AWG will automatically stop.

AWG cannot be used to collect a delinquent non-tax debt owed to the Federal government from the wages Military or Federal employees earn from their Federal employment. Instead, Military and Federal pay is subject to the Federal salary offset procedures explained in 5 U.S.C. § 5514 and other applicable laws.

Please refer to GN 02201.043: Collection of Title II/Title XVI Overpayments by Federal Salary Offset (FSO).

In the 60-day pre-offset notice, SSA tells the individual that he/she has the right to request review of the debt.

This review is very limited in its scope. There must be evidence in the record or furnished by the debtor (e.g., the debt was paid in full or recovery was waived) to show that the debtor does not owe the debt, does not owe it in the amount claimed by SSA, or that SSA is precluded from collecting it (e.g., the debt is subject to a bankruptcy petition or discharge). If the debtor requests this review within 60 days of the date of the pre-offset notice, SSA will not proceed with AWG until it has completed the review. Refer to GN 02201.041B.4 and SI 02220.018B.4 for specific information about how to process a request for review.

A debtor whose wages are subject to AWG may, at any time, request a review of the amount garnished based on financial hardship or materially changed circumstances such as disability, divorce, or catastrophic illness which result in financial hardship. The request can be made either orally or in writing. The decision as to the amount of withholding is an administrative action and not an initial determination subject to appeal rights. Refer to GN 02201.041B.5. and SI 02220.018B.5. for instructions on how to process requests for reduction in AWG amounts due to financial hardship.

SSA will not reduce the AWG amount if the overpayment resulted from fraud, an intentional false statement or willful concealment of, or failure to furnish, material information.

The debtor has the right to inspect and copy SSA's records related to the debtor's overpayment. Refer to GN 02201.041B.3. for instructions.

If the MEF indicates current employment, the system reviews the earnings of the debtor and selects those who meet pre-determined earnings profile. The earnings profile is set by the PC and is driven by a variety of factors, such as AWG laws pertaining to minimum wage thresholds.

When the debtor meets the earnings profile, the system flags the record for future AWG. At the expiration of the 60-day due process period, the ECO system screens the debtor's overpayment record to determine if AWG is still appropriate; e.g., no waiver request pending, debt not paid in full, debtor not paying by installments, etc. If so, the system automatically triggers the next step of AWG, which is the mailing of the AWG order and other instructions to the employer, all of which are called the AWG Employer Package. (Refer to GN 02201.040B.4.)

In this case, AWG activity is suspended because the debtor does not meet the earnings profile and AWG would not be appropriate or productive. The ECO system will check the MEF periodically for employment and earnings, and resume AWG activity when the debtor meets the earnings profile.

The ECO system will check the MEF periodically for employment and earnings, and resume AWG activity when the debtor meets the earnings profile.

This document serves four purposes. The mailing of this package activates the debtor in AWG. It announces to the employer the Agency's intent to garnish the wages of the employee. It also provides a brief explanation of important aspects of the law and regulations governing AWG; e.g., Federal law supersedes State law in the matter of AWG, defines disposable pay, and informs the employer about the consequences of failing to comply with the order and of taking unlawful adverse action against the employee based on AWG.

Lastly, SF-329A conveys the other three documents that constitute the AWG Employer Package.

This form orders the employer to deduct money from the employee's disposable pay and send it to SSA. It also orders the employer to begin deductions immediately, unless the first pay day is within 10 days after the employer receives the order. In that case, the employer may begin deductions on the second pay day after receiving the order. Finally, SF-329B orders the employer to continue deductions until notified by the Agency to suspend or discontinue the withholding.

SSA's automated system pre-fills the order with information required by the employer to conduct garnishment. The following information is displayed on the AWG Order:

• •

  Date of the order and date mailed to employer;

• •

  Employer's Remittance ID;

• •

  Employee's name and Social Security Number;

• •

  Employer's name and mailing address;

• •

  SSA's mailing address and contact information, including Social Security's internet e-mail address: AWG.Questions@ssa.gov;

• •

  Debt amount due;

• •

  Mailing address for check payments; Standard ACH credit information to pay electronically and;

• •

  Wage garnishment amount.

The wage garnishment amount can vary depending upon the overpaid person's circumstances. The AWG law and regulations allow for the possibility of four different methods to determine the AWG amounts.

The wage garnishment amount is the smallest of the following first three amounts:

1. 1. 

   Fifteen percent of the employee's disposable pay; or

2. 2. 

   The amount by which the employee's disposable pay exceeds an amount equivalent to 30 times the minimum wage; or

3. 3. 

   The amount determined by subtracting amounts withheld under other garnishment orders with priority, such as orders pertaining to family support, from twenty-five percent of the employee's disposable pay.

   OR:

4. 4. 

   The debtor and the Agency may negotiate a garnishment amount. Refer to GN 02201.041B.5., GN 02201.041B.6., SI 02220.018B.5. and SI 02220.018B.6. for instructions on how to input an AWG amount negotiated between the debtor and the Agency.

This worksheet is designed to help the employer calculate the appropriate wage garnishment amount. The employer is not obligated to return a copy of the completed form SF-329C to SSA. As explained in the next section, however, the employer may return the worksheet if he/she desires.

The employer should not complete the form when a negotiated amount was arranged between SSA and the debtor. (Refer to GN 02201.042B.2. for instructions on handling employer questions about the withholding amount).

The Employer certification is the employer's response to SSA's garnishment order. The certification contains fill-in blocks for the employer to complete. It elicits information such as whether the employee is currently working, the employment termination date (if applicable), the wage garnishment amount, employee's last known address and telephone number, and information about any other AWG orders with priority. (Refer to GN 02201.042C.1. for instructions on handling employer responses on the certification form.)

The employer must complete and return the certification to SSA within 20 days of receipt. The system will control the case for a response from the employer. (Refer to GN 02201.040 B.5.c.). Also, no follow-up will be needed for incomplete information on the form. The PC with jurisdiction over the claim account number/housed under number receives the form and inputs the information to the Debt Management System AWG Employer Response screen (TRER). (Refer to MSOM DMS 014.010 for instructions on the use of the TRER screen).

The Employer Certification contains two possible responses: (1) debtor currently employed and has adequate earnings to garnish; and (2) debtor no longer employed. When the responses are input to the appropriate DMS screens by the PC, the ECO system controls the case for subsequent actions.

• •

  Debtor currently employed

The system sets a control for receipt of the garnishment payment. If the payment is not received as expected, the system sends a first follow-up notice to the employer. This notice will be sent about 35 days from the mailing of the garnishment package or from the date of the last payment.

If the employer does not send the payment in response to the first follow-up notice, the system sends a second follow-up notice about 15 days later. If the employer does not respond to the second follow-up notice, the system generates an alert 15 days later to the PC Debt Management Section to contact the employer. (Refer to GN 02201.042D.2. for instructions on contacting the employer.)

• •

  Debtor no longer employed

The ECO system first checks to determine if another eligible employer is available. If so, the system sends an AWG Employer Package to that employer.

If another eligible employer is not available, then the system sets an automatic control to check for earnings. If the ECO system later finds an eligible employer and the debtor meets the criteria for AWG, the ECO system resumes activity by sending another AWG Employer Package to the appropriate employer.

Undeliverable AWG Employer Packages are returned to Processing Center (PC7), where they are scanned and recorded to the ECO system. This creates a transaction for ECO to read the Employer Identification File for a different address for that employer. If ECO finds another address, the system generates an action to re-mail the AWG Employer Package.

If ECO does not find a new address for that employer, it reads the MEF to determine if another qualifying employer is available for AWG. If so, the system sends an AWG Employer Package. If no new employer is found, the system creates an alert to contact the employer. (Refer to GN 02201.042D.3. and SM 00610.080 for more information about processing the alert.)

The ECO system checks for the indication of an employer response about 35 days after the original AWG Employer Package was sent. The employer response could be the Employer Certification (Form SF-329D), a phone call from the employer and/or receipt of an AWG payment. If SSA does not receive a response, the system checks for a new address for the employer and re-sends the package if a new address is available.

If there is no new address, the system sends two follow-up notices to the employer requesting a response. The first follow-up notice is sent 35-days after the initial employer package was sent. It will include the package as well as the notice. The second follow-up notice is sent about 15 days after the first follow-up. If the employer does not respond to the follow-ups, the system generates an alert to the PC to contact the employer. (Refer to GN 02201.042D.2. for instructions on contacting the employer.)

If the debtor first contacts the FO/TSC for an explanation, use the Master Beneficiary Record (MBR), the Recovery of Overpayments, Accounting, and Reporting (ROAR) system, the Payment History Update System (PHUS) or Title II Overpayment (QROP) (MSOM QUERIES 006.024), accessed via Inquiry Response or Master File Query, to provide an explanation of the overpayment. Keep explanations generic and, if possible, provide explanations immediately. If online queries contain insufficient information or unresolvable discrepancies, proceed as follows:

• •

  From the Debt Management System (DMS) menu, FO use the Protest/Stop Recovery Request (FO) screen (DRPF) (Refer to MSOM DMS 006.019) and select “Explanation”. TSC use the Protest/Stop Recovery Request (TSC) screen (DRPT) (Refer to MSOM DMS 006.020) and select “Explanation”.

• •

  Refer the issue to the servicing PC through a Modernized Development Worksheet (MDW).

• •

  On the MDW show “Necessary Action TOP/ECO Case Do not Backlog”.

• •

  Record the action taken on the DMS Remarks screen.

• •

  Include the debtor's current address and daytime telephone number, if different from the address and telephone number shown on our records.

If the PC receives an explanation request for an overpayment, process the request according to GN 02201.017.

Once the debtor has received a satisfactory explanation, the PCs will follow these steps:

• •

  If the debt was written off (in terminated collection status) when the debtor requested an explanation, terminate collection by using the Terminate Collection screen (DFTE). (Refer to MSOM DMS 007.003). Terminating collection will set the debt up for TOP and AWG selection in the next selection cycle.

• •

  If the debt was in the Recovery and Collection of Overpayment Process (RECOOP) and was not written off when the debtor requested an explanation, input an installment agreement on the Record Installment Agreement screen (DRIN) (Refer to MSOM DMS 006.014). This will resume billing and allow the debt to be selected for AWG and TOP.

If the debtor’s original overpayment amount is $2,000 or less, the technician will determine if he/she can approve the waiver under the administrative tolerance provision, outlined in GN 02250.350.

If the technician cannot approve the waiver under the administrative tolerance provision, send the SSA-632-BK to the debtor and inform them that AWG will remain in effect until the FO receives a completed and signed SSA-632-BK.

If the FO receives the SSA-632-BK, process the waiver request according to GN 02250.002.

If the PC receives a waiver request, process the waiver request according to GN 02201.023.

• •

  If a debtor contacts the PC or TSC and requests to inspect or copy SSA's records about his/her debt, refer the debtor to his/her servicing FO.

• •

  Record the action taken on DMS Remarks.

• •

  Ask the debtor what records he/she wants to inspect and copy.

• •

  If the debtor does not know what records he/she wants to inspect and copy, then review on-line queries.

• •

  If necessary, obtain the claims file.

• •

  When the claims file is located, notify the debtor and process in accordance with GN 03360.020 Privacy Act Administration Copying Records.

• •

  Record the action taken on DMS Remarks.

The debtor has 60 days from the date of the pre-offset notice to request the review and provide evidence that he/she does not owe all or part of the debt, or that SSA does not have the right to collect the debt. Proceed as follows when the debtor makes a timely request within the 60-day period:

TSC action

• •

  Advise the debtor that SSA requires evidence to show that the debt is not owed or that the debt balance is different from what SSA states in the notice, or that SSA does not have the right to collect the debt.

• •

  Tell the debtor that he/she will need to present the evidence to the FO.

• •

  Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

• •

  Enter remarks on the DMS Remarks screen to describe the reason for the call, the date and any pertinent discussion.

FO action

• •

  Obtain evidence from the debtor to show that the debt is not owed, that the debt balance is different from what SSA states in the notice, or that SSA does not have the right to collect the debt.

• •

  Upon receipt of evidence from the debtor, input the request for review on the Protest/Stop Recovery Request (FO) screen (DRPR). Select Protest Reason “Review Debt”. (Refer to MS01106.003 for more information about this screen.) This will stop AWG and all other collection efforts, including TOP and credit bureau reporting, until SSA decides the request for review.

• •

  Based on the evidence, decide the request for review and notify the debtor.

IMPORTANT: Do not include any further appeal rights in the notification to the debtor. The decision on the request for review is SSA's final decision.

• •

  If SSA's decision is that the debt is found to exist in a different amount than stated in the notice, update the programmatic system to adjust the debt balance.

• •

  If the debt was written off (in terminated collection status) when the debtor requested a review, terminate collection by using the Terminate Collection screen (DFTE). (Refer to MSOM DMS 007.003). Terminating collection will set the debt up for TOP and AWG selection in the next selection cycle.

• •

  If the debt was in RECOOP and was not written off when the debtor requested a review, input an installment agreement on the Record Installment Agreement screen (DRIN). (Refer to MSOM DMS 006.014). This will resume billing and allow the debt to be selected for AWG and TOP.

• •

  If the debt is found not to exist at all, update the programmatic system to remove the debt.

PC action

• •

  If the debtor calls the PC, advise the debtor that SSA requires evidence to show that the debt is not owed, that the debt balance is different from what SSA states in the notice, or that SSA does not have the right to collect the debt.

• •

  Tell the debtor that he/she will need to present the evidence to the FO.

• •

  Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

• •

  On the DMS Remarks screen, enter the reason for the call, the date and any pertinent discussion.

• •

  If the debtor sends evidence to the PC, input the request for review on the Protest/Stop Recovery Request (PC) screen (DPRP), selecting protest reason “Review Debt”. This will stop AWG and all other collection efforts, including TOP and credit bureau reporting, until SSA makes a decision on the request for review.

• •

  Based on the evidence, make a decision on the request for review and notify the debtor.

TSC action

• •

  Explain that the period for requesting the review was 60 days from the date of the pre-offset notice.

• •

  Tell the debtor that SSA will have to dismiss the request unless the debtor proves good cause for late filing.

• •

  If the debtor asserts good cause for late filing, advise the debtor to provide any evidence demonstrating good cause for late filing to the field office.

• •

  Tell the debtor that until such evidence is presented, the AWG process remains in effect and SSA will order the employer to begin garnishment if no evidence is presented.

• •

  Enter remarks on the DMS Remarks screen to describe the reason for the call, the date and any pertinent discussion.

FO action

• •

  Develop good cause for late filing. (Refer to GN 03101.020.)

• •

  If the debtor shows good cause for late filing and presents evidence to show he/she does not owe the debt, does not owe it in the amount SSA states in the notice, or that SSA does not have the right to collect the debt, input the request for review on the Protest/Stop Recovery Request (DRPF) screen. Select Protest Reason “Review Debt”. (Refer to MSOM DMS 006.019 for more information about this screen). This will stop AWG and all other collection efforts, including TOP and credit bureau reporting, until SSA makes a decision on the request for review.

• •

  Based on the evidence, make a decision on the request for review and notify the debtor.

IMPORTANT : Do not include any further appeal rights in the notification of the debtor. The decision on the request for review is SSA's final decision.

• •

  If SSA's decision is that the debt is found to exist in a different amount than SSA stated in the notice, update the programmatic system to adjust the debt balance.

• •

  If the debt was written off (in terminated collection status) when the debtor requested a review of the debt, terminate collection by using the Terminate Collection screen (DFTE). (Refer to MSOM DMS 007.003.) Terminating collection will set the debt up for TOP and AWG selection in the next selection cycle.

• •

  If the debt was in RECOOP and was not written off when the debtor requested a review of the debt, input an installment agreement on the Record Installment Agreement screen (DRIN). (Refer to MSOM DMS 006.014.) This will resume billing and allow the debt to be selected for AWG and TOP.

• •

  If SSA's decision is that the debt does not exist, then update the programmatic system to remove the debt.

PC action

• •

  If the debtor calls the PC, proceed as in GN 02201.041B.4.a.under TSC action.

• •

  If the debtor sends evidence to the PC, proceed as in GN 02201.041B.4.a. under FO action.

If the debtor requests review after 60 days and can't show good cause (Refer to GN 03101.020) for a late request for review:

• •

  Dismiss the request AND send a written notice explaining that because the debtor did not file timely or did not show good cause for late filing, the request will be dismissed.

The process for granting an immediate approval of a hardship request is the same for the TSC, FO and PC. Proceed as follows when granting immediate approval:

• •

  Negotiate the highest garnishment amount but not less than $10 per payday. If the debtor alleges not being able to pay $10 per payday, explain that $10 is the minimum amount SSA can accept.

• •

  If the debtor offers to repay the debt at the rate of at least $10 per payday and that rate would recover the debt within 12 months, enter the negotiated amount or percentage on the AWG Update Garnishment Information (TRGA) screen. (Refer to MSOM DMS 014.014). This will result in an automated notice to the employer and the debtor advising them of the reduced garnishment amount.

• •

  If the debtor offers to repay the debt at the rate of at least $10 per payday and that rate would recover the debt within 60 months, advise the debtor that SSA will grant the lower amount if answers to the following questions indicate hardship (i.e., expenses exceed income and assets):

  1. 1. 

     What is the amount of your income (weekly or monthly)?

  2. 2. 

     How much do you pay each week or month for ordinary and necessary living expenses?

  3. 3. 

     Do you have a savings account, certificate of deposit (CD) or an individual retirement account (IRA)? If “yes” record the type of account and the value. If “no”, indicate “caller alleges no assets”.

• •

  Enter the negotiated dollar amount or percentage on the AWG Update Garnishment Information (TRGA) screen. Refer to MSOM DMS 014.014 for more detailed information about that screen. The system will send an automated notice to the employer and the debtor advising them of the lowered garnishment amount.

TSC Action

• •

  Enter the hardship requested on the AWG Suspend Garnishment for Hardship (TRSU) screen. Refer to MSOM DMS 014.013 for more detailed information about the screen.

• •

  Advise the caller that in order to consider his/her request for hardship, documentation of income, assets and expenses is required.

• •

  Cross-out section 1 on the SSA-634, annotate "AWG Withholding Request", and include a courtesy return envelope to the servicing FO.

• •

  Send the caller the SSA-634 to complete.

• •

  Advise the caller that we will review the SSA-634 and the hardship request. When we complete our action, we will send a written notice with our decision to the debtor.

• •

  Record the action taken and needed on DMS Remarks.

FO/DMS Action

• •

  Check to make sure the AWG Suspend Garnishment for Hardship (TRSU) screen has been input. Refer to MSOM DMS 014.013. If not, make appropriate input to the screen.

• •

  Advise the person that in order to consider his/her request for hardship, documentation of income, assets and expenses is required.

• •

  Cross-out section 1 on the SSA-634, annotate "AWG Withholding Request", and give the caller the SSA-634 to complete.

• •

  Advise the caller that we will review the SSA-634 and the hardship request. When we complete our action, we will send a written notice with our decision to the debtor.

• •

  If the decision is to grant the request for a lower garnishment amount due to hardship, enter the negotiated amount or percentage on the AWG Update Garnishment Information (TRGA) screen. (Refer to MSOM DMS 014.014.)

• •

  If the decision is to deny the request for a lower garnishment amount, select "Resume Garnishment" on the AWG Update Garnishment Information (TRGA) screen. (Refer to MSOM DMS 014.014.)

• •

  If the "Resume Garnishment" field on the TRGA screen is selected, an automated notice will be sent to the employer asking that the garnishment be resumed and a copy of the notice will be sent to the debtor.

• •

  If a new amount or new percentage has been entered on the TRGA screen BEFORE the garnishment package is sent to the employer, no notice is sent to the employer. If a decision is made AFTER the garnishment package is sent to the employer, an automated notice will be sent to the employer advising him/her of the new garnishment amount or percentage.

• •

  Record the action taken and needed on DMS Remarks.

• •

  Advise the caller that before SSA can process the request, the debtor must provide a written statement making the request and showing the name, Claim Account Number (CAN)/Housed Under Number (HUN), and amount/percentage debtor requests.

• •

  Provide the debtor with the address of the servicing FO, and tell the person to send or deliver the written request to that office.

• •

  Record the action taken on DMS Remarks.

• •

  Upon receipt of a written request from the debtor, input the higher garnishment amount/percentage on the TRGA screen. Refer to MSOM DMS 014.014 for more detailed instructions on the use of the screen.

• •

  If the debtor is present at the FO, advise the person that SSA will notify the employer to begin the higher garnishment.

• •

  If the debtor is not present, no action is required to notify the debtor because the ECO system will send an automated notice to the debtor acknowledging the increase in garnishment.

• •

  If the debtor calls the PC to request a higher garnishment amount, follow GN 02201.041B.6.a.

• •

  Upon receipt of a written request from the debtor, input the higher garnishment amount/percentage on the TRGA screen. Refer to MSOM DMS 014.014 for more detailed instructions on the use of the screen.

The TOP/ECO system will send an automated notice to the employer to begin the higher garnishment. The system will also send the debtor a notice acknowledging the increase in garnishment.

Debtors subject to AWG are beyond the 60-day period for requesting a reconsideration of the overpayment determination. Consequently, the ECO pre-offset notice that informs debtors about SSA's intent to use external collection tools such as AWG, TOP, and credit bureau reporting does not contain language offering the right to request reconsideration.

Even though the ECO pre-offset notice does not offer the right to request reconsideration of the overpayment determination, individuals may still make that request on debts subject to AWG. Since overpayments subject to AWG are delinquent and by definition beyond the 60-day period for requesting reconsideration of the overpayment determination, these requests must first be handled in accordance with policy and procedure in GN 03101.020, Good Cause for Extending the Time Limit to File an Appeal.

Proceed as follows when the person requests reconsideration of the overpayment determination:

TSC action

• •

  Tell the caller that he/she had 60 days from the date that he/she received the initial overpayment notice to request reconsideration of the overpayment determination.

• •

  Tell the caller that he/she must show good cause for late filing in order for SSA to reopen the initial overpayment determination. Good cause for late filing can be found by SSA when, for example, the person was seriously ill and was prevented from contacting SSA in person, in writing, or through a friend, relative, or other person. Refer to GN 03101.020, Good Cause for Extending the Time Limit to File an Appeal for more information on what constitutes good cause for late filing.

• •

  Advise the caller that he/she needs to submit a signed statement explaining the reason for the delay and documentation to support the explanation.

• •

  Provide the debtor with the address of the servicing FO, and tell the person to send or deliver the signed statement to that office.

• •

  Record the action taken on DMS Remarks.

IMPORTANT : Do not send the caller a form SSA-561-U2 (Request for Reconsideration).

FO action

• •

  Obtain a signed statement from the claimant explaining the reason for the delay and obtain documentation to support the explanation.

• •

  Explain to claimant that SSA will decide whether he/she has shown good cause for late filing and whether to extend the time or dismiss the appeal.

• •

  Prepare Report of Contact (RC) on the late filing evaluating claimant's statement.

• •

  Forward request, statement, documentation and RC to the PC for good cause determination.

• •

  Record the action on the DMS Remarks

  IMPORTANT: Do not ask the person to complete a form SSA-561-U2 (Request for reconsideration). If the person insists on filing that form, accept it and input the request on the Protest/Stop Recovery Request (FO) screen (DRPF). (Refer to MSOM DMS 006.019 for more detailed information about this screen).

  PC action

  •  

    • •

      Make the determination on the issue of good cause for late filing.

    • •

      If good cause for late filing is found, input the request on the DRPR screen if necessary. Refer to MSOM DMS 006.003 for more detailed information about this screen.

    • •

      Process the reconsideration determination according to instructions in GN 02201.025C.4 . If the reconsideration determination does not completely eliminate the overpayment amount, diary the case for resumption of AWG in 30 days.

    • •

      If good cause for late filing is not found, dismiss the request for reconsideration.

    • •

      If the dismissed request for reconsideration was previously input to the DRPF/DRPR screen, input a denial to the Fact/Amount Appeal Disposition (DRAD) screen. Refer to MSOM DMS 006.011 for more detailed instructions on this screen. The system will resume garnishment activity.

SSA's regulations at 20 C.F.R. § 404.903 (and § 416.1403 for title XVI cases) include the decision whether to use AWG in the list of administrative actions that are not initial determinations subject to review. Therefore, the person has no right to request a reconsideration on SSA's decision to use AWG.

TSC/FO/PC should proceed as follows when the person requests reconsideration of SSA's decision to use AWG:

• •

  Tell the person that SSA's regulations state that the decision to use AWG is not an initial determination subject to appeals, and that we cannot act on any such request.

• •

  Tell the person SSA will continue to use AWG to collect the overpayment.

IMPORTANT: Do not solicit a form SSA-561-U2 (Request for Reconsideration) regarding SSA's decision to use AWG.

• •

  Tell the caller he/she can submit a full refund online with Pay.gov or use his/her bank’s Online Bill Payment feature. He/she should use a Remittance ID from a non-AWG notice. If the debtor does not have a non-AWG notice with his/her Remittance ID, locate his/her ECO pre-offset notice in Online Retrieval System (ORS) and provide the Remittance ID. Advise the caller of the current balance of the debt.

  NOTE: The Remittance ID on AWG notices should be used exclusively by employers when making payments because they will be processed as garnishments.

• •

  If the person wants to repay by providing his/her credit or debit card number over the phone, follow the instructions in GN 02210.153 Paying by Credit Card - Teleservice Center (TSC) Procedure.

• •

  If the caller is unable to pay electronically or by phone, tell him/her we will still accept a check or money order. The individual should make his/her check or money order payable to “Social Security Administration”, include his/her Remittance ID on the payment, and mail to: MATPC, P.O. Box 3430, Philadelphia, PA 19122-3430.

  NOTE: In alignment with Executive Order (EO) 14247, payment coupons and business reply mail (BRM) envelopes are no longer supplied with programmatic notices

• •

  Advise the caller that AWG will continue until we receive the full payment. Any amounts withheld in excess will be returned to the debtor.

• •

  Annotate DMS Remarks with the offer to repay in full.

• •

  Follow the instructions in GN 02403.006 Processing Remittances Received in the FO.

• •

  If the person is present in the FO, tell him/her that SSA will notify the employer to stop garnishment.

• •

  Follow the instructions in GN 02210.214, Debtor Willing to Repay.

NOTE: When the full repayment is posted to the debtor's record, the ECO system will automatically notify the employer to stop garnishment. The system will also notify Treasury to stop withholding tax refunds or other Federal payments, and it will update the person's credit record if applicable.

• •

  Attempt to negotiate a rate of repayment which would permit full recovery within 12 months.

• •

  If that is not possible, try to establish a rate of repayment which will permit full recovery within 60 months.

• •

  If that is not possible, minimum payments of at least $50 per month are required unless there are unusual circumstances.

• •

  If you negotiate an agreement (person agrees to pay back $50 per month or more): (1) Complete a DRIN screen (MSOM DMS 006.014) to reflect the negotiated agreement. (2) Tell the caller to send the payment(s) in the envelope that was provided with the overpayment notice. (3) If the caller does not have the envelope, give him/her the address for sending in remittances: MATPC, P.O. Box 3430, Philadelphia, PA 19122. (4) Record the action taken on DMS Remarks.

  NOTE: The individual should use a Remittance ID from a non-AWG notice. If the person does not have a non-AWG notice, locate his/her ECO pre-offset notice in ORS and provide that Remittance ID. Remittance IDs on AWG notices should be used exclusively by employers when making payments because they will be processed as garnishments.

• •

  If the person wishes to pay back less than $50 per month and/or unusual circumstances apply: (1) Refer to the FO via MDW. (2) Advise the caller that someone from the FO will contact him/her. (3) Record the action taken on DMS Remarks.

• •

  Follow the instructions in GN 02210.180B.1.

• •

  Tell the person that an immediate payment, followed by regular monthly payments, could result in the prevention of SSA's use of AWG.

• •

  If the person is present in the FO and makes a payment, process the remittance per instructions in GN 02403.006.

• •

  Follow the instructions in GN 02210.214B.

• •

  Tell the person that an immediate payment, followed by regular monthly payments, could result in the prevention of SSA's use of AWG.

• •

  Advise the caller to contact the servicing FO to arrange a compromise settlement.

• •

  Give the caller the name, address and telephone number of the FO that services his/her current address.

• •

  Document the request for compromise offer on the DMS Remarks.

• •

  Do not make any input to stop AWG withholding.

• •

  Follow the instructions in GN 02215.115, FO Handling of Compromise Offers.

• •

  Tell the debtor that AWG will continue unless we receive the compromised amount.

• •

  Follow the instructions in GN 02210.220, Debtor Offers to Compromise.

• •

  Use the Protest/Stop Recovery Request (PC) (DRPR) screen and select “Compromise Offer Made” unless the case was referred from the FO and the input has already been made (Refer to MSOM DMS 006.003) OR if an immediate decision is not possible.

• •

  The PC should post the decision on the compromise offer on the Record Compromise Decision (DRCD) screen. (Refer to MSOM DMS 006.012).

• •

  Tell the debtor that AWG will continue unless we receive the compromised amount.

• •

  Ascertain the specific reason for employment termination and the date it occurred.

• •

  Advise the caller to submit his/her documentation to the servicing FO. Acceptable documentation includes, but is not limited to, a pay stub, a letter from the employer, or documentation of receipt of unemployment compensation.

• •

  Provide the debtor with the address of the servicing FO.

• •

  Enter a brief description of the debtor's allegation on the DMS Remarks. Include the reason for employment termination and the date.

• •

  Do not make any input to stop AWG.

• •

  Obtain and review documentation of the employment termination (a pay stub, a letter from the employer, or documentation of receipt of unemployment compensation).

• •

  If, in your judgment the documentation supports the debtor's allegation, input the information to the AWG Debtor No Longer Employed (TREN) screen. (Refer to MSOM DMS 014.012 for more detailed instructions about this screen.) Be sure to input the specific reason for and date of the employment termination so that the system can take the next appropriate action for AWG.

• •

  Tell the debtor SSA will annotate its records to show the employment termination and that AWG action will stop.

• •

  Advise the debtor that SSA will check periodically in the future for re-employment. If the debtor becomes re-employed, SSA will resume AWG, if available.

• •

  If the debtor does not have any documentation, explain that SSA cannot act on the report of employment termination. Make no input to the TREN screen if the debtor does not provide documentation or provides unacceptable documentation.

NOTE: A debtor's written or typed report of employment termination without any corroboration is not acceptable documentation. It is not necessary to provide written notice to the debtor when documentation is not provided or is found to be inadequate.

• •

  If the debtor calls to report employment termination, ascertain the specific reason and the date it occurred.

• •

  Advise the caller to submit his/her documentation to the PC of jurisdiction. Acceptable documentation includes, but is not limited to, a pay stub, a letter from the employer, or documentation of receipt of unemployment compensation.

• •

  Provide the debtor with the address of the PC with jurisdiction.

• •

  Enter a brief description of the debtor's allegation on the DMS Remarks. Include the reason for employment termination and the date.

• •

  Do not make any input to stop AWG.

• •

  When you receive documentation that supports the debtor's allegation, input the information to the AWG Debtor No Longer Employed (TREN) screen. (Refer to MSOM DMS 014.012 for more detailed instructions about this screen.) Be sure to input the specific reason for and date of the employment termination so that the system can take the next appropriate action for AWG.

• •

  If the debtor submits documentation that is not acceptable, do not act on the report of employment termination. Make no input to the TREN screen.

NOTE: It is not necessary for the PC to provide written response to the debtor when documentation is not adequate.

• •

  Advise the debtor to submit a statement regarding nonreceipt of the notice along with his/her current address and telephone number to the FO in person or by mail.

• •

  Provide the address and telephone number of the FO that services the debtor.

• •

  Explain to the debtor that applicable ECO collection tools (TOP, credit bureau reporting, and AWG) will continue to apply unless we can confirm his or her allegation.

• •

  Get a statement from the debtor regarding nonreceipt of the notice along with his/her current address.

• •

  Forward material to the PC annotated “Necessary Action TOP/ECO Case Do Not Backlog.”

• •

  Explain to the debtor that ECO will continue to apply unless we can confirm his/her allegation through a folder review.

If, as a result of a folder review request, the claims folder is in the FO, check for an undeliverable notice. If present:

• •

  Advise the debtor that further investigation is necessary.

• •

  Return the folder to the PC, clearly marked “TOP/ECO Undeliverable Overpayment Notice in File Do Not Backlog”.

Undeliverable initial overpayment notice was remailed

Review the claims folder to determine if the notice was returned as undeliverable. If the undeliverable initial overpayment notice was remailed, take the following actions:

• •

  Tell the debtor the date the new notice was mailed.

• •

  Tell the debtor that the overpayment is still subject to collection by ECO tools.

Undeliverable initial overpayment notice not remailed

If a subsequent notice was not mailed, the debtor has the right to a full administrative review process. Take the following actions if the original notice was returned as undeliverable and a subsequent notice was not mailed:

• •

  Correct the address screen by completing the Address/Direct Deposit/Phone (PEAD) screen (MSOM T2PE 003.002).

• •

  Redate and mail the overpayment notice to the debtor's current address.

• •

  Delete the old overpayment on ROAR via the Transaction Correction (SMTC) screen (MSOM DMS 002.011).

• •

  Query ROAR the following day to verify deletion. When deleted, reestablish the overpayment as a new debt on ROAR via the Establish Debt (SMED) screen (MSOM DMS 002.003). Use the current date as the establishment date.

NOTE: The above actions will delete the debt from ECO until the debt becomes delinquent and meets all ECO selection criteria. The preceding actions will not, however, delete the debt from the credit bureau if it was previously reported as delinquent. Advise the debt management program analyst regarding the need to delete the debt from the credit bureau report.

No evidence to support allegation of nonreceipt of notice

If there is no evidence to support the debtor's allegations about not receiving the initial overpayment notice, take the following actions:

• •

  Advise the debtor (by telephone, if possible) accordingly.

• •

  Explain that since there is no evidence that the notice was returned as undeliverable by the post office, we must proceed with the assumption that the notice was received.

• •

  Document the DMS Remarks (RMKS) screen with the information about the debtor contact.

If the FO/TSC first finds out that a debtor is deceased, obtain proof of death as required by GN 00304.001. Report the death to the PC as quickly as possible. Provide the debtor's name, claim number and date of death, if known.

If the PC first finds out that a debtor is deceased, obtain proof of death as required by GN 00304.001. Input the death using the Stop Collection Action (TRSC) screen which is requested from the Debt Management screen (Refer to MSOM DMS 014.002). This input will prevent or stop collection action by ECO processes.

If the employer is asking for a general explanation of AWG, provide the following basic information about the program:

• •

  The Debt Collection Improvement Act of 1996 (Public Law 104-134), section 31001(o) (1), authorized Administrative Wage Garnishment (AWG).

• •

  AWG is the process whereby a Federal agency issues an AWG order to the employer of a person who owes a debt to the agency and the employer withholds amounts from the employee's wages and pays those amounts to that agency. A Federal agency collecting delinquent non-tax debt may garnish the wages of a delinquent debtor without first obtaining a court order. (Refer to GN 02201.040A.2.)

• •

  Based on the AWG order, the employer withholds up to 15% (or more if the debtor requests it) of the debtor's disposable pay. (Refer to GN 02201.040B.4.b.)

• •

  The employer is not required to change the normal pay and disbursement cycles to comply with the AWG Order.

Record the information provided on Debt Management System (DMS) Remarks.

• •

  Provide the appropriate explanation using information as necessary from GN 02201.040A.

• •

  Record the information provided on DMS Remarks.

IMPORTANT: Other than the amount of the overpayment, the employer is not entitled to know anything else about the debtor. Do not divulge any other information about the debtor.

• •

  Tell the employer that payments should be made electronically, if possible.

• •

  The payment options page of AWG notices provides instructions to pay electronically via standard ACH credit through their financial institution or Pay.gov.

• •

  If the employer wants to pay by phone, follow the instructions in GN 02210.153.

• •

  If the employer is unable to pay electronically or by phone, we will still accept checks. They should include the debtor’s Remittance ID on the check, and mail to:

  MATPSC

  P.O. Box 3430

  Philadelphia, PA 19122-3430

• •

  If the employer calls your office, tell him or her that payments should be made electronically, if possible.

• •

  The Payment Options page of AWG notices provides instructions to pay electronically via standard ACH credit through their financial institution or Pay.gov.

• •

  If the employer wants to pay by phone, provide the phone number for the applicable PC DMS.

• •

  If the employer is unable to pay electronically or by phone, we will still accept checks. He/she should include the debtor’s Remittance ID on the check, and mail to:

  MATPC

  P.O. Box 3430

  Philadelphia, PA 19122-3430

• •

  If the employer visits your office to make the payment using a credit card, follow the instructions in GN 02403.006D.

• •

  Tell the employer that payments should be made electronically, if possible.

• •

  The payment options page of AWG notices provides instructions to pay electronically via standard ACH credit through their financial institution or Pay.gov.

• •

  If the employer wants to pay by phone, follow the instructions in GN 02210.205.

• •

  If the employer is unable to pay electronically or by phone, we will still accept checks. He/she should include the debtor’s Remittance ID on the check, and mail to:

  MATPC

  P.O. Box 3430

  Philadelphia, PA 19122-3430

When item 2(a) of the SF-329D is checked by the employer, indicating that the debtor is currently employed, take the following actions:

• •

  Go to the AWG Employer Response (TRER) screen and enter all available contact information about the employer in the appropriate sections of the screen. (Refer to MS 01114.010 for more detailed information about the screen.)

• •

  On the TRER screen, enter a Y in the Debtor is Currently Employed section.

• •

  Entering a Y in the TRER screen will automatically take you to the AWG Debtor Currently Employed (TREE) screen.

• •

  On the TREE screen, enter all available information about the garnishment amount, other garnishments and pay period frequency. (Refer to MS 01114.011 for more detailed information about the screen.)

• •

  The preceding entries in the TRER/TREE screens will automatically set controls in the ECO system to look for garnishment payments within the next 35 days.

When item 2(b) of the SF-329D is checked by the employer, indicating that the debtor is not employed, take the following actions:

• •

  Go to the AWG Employer Response (TRER) screen and enter all available contact information about the employer in the appropriate sections of the screen. (Refer to MS 01114.010 for more detailed information about the screen.)

• •

  On the TRER screen, enter an N in the Debtor is Currently Employed section.

• •

  Entering an N in the TRER screen will automatically take you to the AWG Debtor No Longer Employed (TREN) screen.

• •

  On the TREN screen, enter all available information about the employment termination to include date, and any additional information the employer provides in section 2. (Refer to MS 01114.012 for more detailed information about the screen.)

Depending on the reason for termination or the date of any layoff, the ECO system will automatically set controls for any future action required for AWG. You do not need to take any further action regarding AWG.

• •

  Tell the employer you are calling about SSA's AWG order regarding the employee, and explain that SSA has not received the required Employer Certification (SF-329D).

• •

  Go to the AWG Employer Response (TRER) screen and enter the applicable response by the employer. (Refer to MS 01114.010 for more information about the screen.)

• •

  If the employer refuses to honor the AWG order, follow the instructions in GN 02201.042D.1.

• •

  Go to the AWG Employer Response (TRER) screen and enter a Y in the Employer refuses to Cooperate section. (Refer to MS 01114.010 for more detailed information about the screen.)

• •

  On DMS Remarks, enter the following words: Employer telephone number not available or did not respond to calls. Follow-up action stopped.

• •

  Take no additional action regarding AWG. The ECO system will automatically check for a new employer.

Undeliverable employer packages are returned to PC7, where they are scanned in an automated operation. The scanning operation results in the posting of undeliverable transaction 7001 to ECO. The ECO system then checks the ECO Master file and the Employer Identification File (EIF) to see if a more recent address has been updated. If so, the system automatically resends the mail to the updated address. If no new address is found, ECO looks for a new employer and if one is found, it sends an AWG Employer Package to them.

If no new employer is found, the system creates a PCACS alert with the legend ECO-AWG Alert H - Undeliverable AWG Package. The alert is sent to the Debt Management Section of the PC of jurisdiction. (Refer to SM 00610.080 for more information about processing AWG alerts.) Proceed as follows when processing the alert:

• •

  Go to the ECO Master Query which is accessible from the External Collection Operation Menu (TRMU). (Refer to MS 01114.007 for more information about the ECO Master Query.)

• •

  Review AWG Information to determine if the AWG status is other than active. If it is other than active, no additional action is required.

• •

  If the AWG status is still active and no updates to the address have been made, attempt to contact the employer.

• •

  If necessary, attempt to obtain the telephone number using the applicable skip tracing sources listed in GN 02210.213.

• •

  If you contact the employer, follow the instructions in GN 02201.042D.2.a.

• •

  If you cannot obtain a telephone number, or after three calls to the known telephone number you do not get a response, follow the instructions in GN 02201.042D.2.b.

SSA must stop garnishment in a variety of situations, e.g., debtor requests review, waiver, or a lower garnishment amount due to financial hardship and development is required before a decision can be made. When a debtor request requiring the cessation of garnishment is input to the system, ECO changes the AWG status to suspended. This changed status results in the ECO system automatically sending a Stop Garnishment notice to the employer.

Undeliverable Stop Garnishment Notices are also returned to PC7, where they are scanned in an automated operation. The scanning operation results in the posting of the undeliverable employer notice transaction 7005. The ECO system then checks the ECO Master File and the Employer Identification File (EIF) to see if a more recent address has been updated. If so, the system automatically resends the mail to the updated address. If no new address is found, ECO produces a PCACS alert with the legend, ECO-AWG Alert G-Undeliverable Stop Garnishment Notice. The alert is sent to the Debt Management Section of the PC of jurisdiction. (Refer to SM 00610.080 for more information about the AWG alerts.) Proceed as follows when processing the alert:

• •

  Go to the ECO Master Query which is accessible from the External Collection Operation Menu (TRMU). (Refer to MS 01114.007 for more information about the ECO Master Query.)

• •

  Review AWG Information to determine if the AWG status was changed to Active after the alert was generated. If so, no further AWG action is necessary. Assume that the reason for stopping AWG has been resolved.

• •

  If the AWG status is still Suspended or Inactive, contact the employer and tell him or her to stop sending garnishment payments until notified by SSA.

• •

  If necessary, attempt to obtain the telephone number using the applicable skip tracing sources listed in GN 02210.213.

• •

  If you contact the employer, follow the instructions in GN 02201.042D.2.a.

• •

  If you cannot obtain a telephone number, or after three calls to the known telephone number you do not get a response, follow the instructions in GN 02201.042D.2.b.

SSA changes AWG amounts in two situations: (1) debtor requests and is granted a lower AWG amount due to hardship and (2) debtor requests a higher AWG amount. Refer to GN 02201.041B.5. and GN 02201.041B.6. for processing Title II cases and SI 02220.018B.5. and SI 02220.018B.6. for processing SSI cases.

Undeliverable Change Garnishment Amount Notices are returned to PC7, where they are scanned in an automated operation. The scanning operation results in the posting of the undeliverable employer notice transaction 7005. The ECO system then checks the ECO Master File and the Employer Identification File (EIF) to see if a more recent address has been updated. If so, the system automatically resends the mail to the updated address. If no new address is found, ECO produces a PCACS alert with the legend, ECO-AWG Alert E-Undeliverable Change Garnishment Amount Notice. The alert is sent to the Debt Management Section of the PC of jurisdiction. (Refer to SM 00610.080 for more information about the AWG alerts.) Proceed as follows when processing the alert:

• •

  Go to the ECO Master Query which is accessible from the External Collection Operation Menu (TRMU). (Refer to MS 01114.007 for more information about the ECO Master Query.)

• •

  Review the ECO Master Query to determine if the AWG status changed after the alert was generated.

• •

  If the AWG payment changed to Inactive or Suspended, no further action is necessary.

• •

  If the last garnishment payment received (transaction 7010) equals the current garnishment amount shown on the ECO Master Query, no further action is necessary.

• •

  If the AWG payment does not equal the current garnishment amount shown on the ECO Master Query, contact the employer and tell him or her to change the AWG amount to the amount shown on the ECO Master Query.

• •

  If necessary, attempt to obtain the telephone number using the applicable skip tracing sources listed in GN 02210.213.

• •

  If you contact the employer, follow the instructions in GN 02201.042D.2.a.

• •

  If you cannot obtain a telephone number, or after three calls to the known telephone number you do not get a response, follow the instructions in GN 02201.042D.2.b.

SSA must resume garnishment in a variety of situations, e.g., waiver denied, request for review of the debt denied, request for reconsideration of the overpayment determination denied. Based on inputs to the Debt Management System, the ECO system automatically changes the AWG status to Active, resulting in the automated mailing of a Resume Garnishment Notice to the employer.

Undeliverable Resume Garnishment Notices are also returned to PC7, where they are scanned in the automated operation. The scanning operation results in the posting of the undeliverable employer notice transaction 7005. The ECO system then checks the ECO Master file and the Employer Identification File (EIF) to see if a more recent address has been updated. If so, the system automatically resends the mail to the updated address. If no new address is found, ECO produces a PCACS alert with the legend, ECO-AWG Alert F-Undeliverable Resume Garnishment Notice. The alert is sent to the Debt Management Section of the PC of jurisdiction. (Refer to SM 00610.080 for more information about the AWG alerts). Proceed as follows when processing the alert:

• •

  Go to the ECO Master Query which is accessible from the External Collection Operation Menu (TRMU). (Refer to MS 01114.007 for more information about the ECO Master Query.)

• •

  Review the ECO Master Query to determine if the AWG status changed to inactive or suspended after the alert was generated.

• •

  If so, then no further action is necessary because a subsequent event occurred that required stopping garnishment.

• •

  If the AWG status is active and no payment have been received since the date of the alert, then contact the employer to tell him or her that garnishment should be resumed.

• •

  If necessary, attempt to obtain the telephone number using the applicable skip tracing sources listed in GN 02210.213.

• •

  If you contact the employer, follow the instructions in GN 02201.042D.2.a.

• •

  If you cannot obtain a telephone number, or after three calls to the known telephone number you do not get a response, follow the instructions in GN 02201.042D.2.b.