Identification Number:
NL 00703 TN 78
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Exhibit and Dictated Letters
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part NL – Notices, Letters and Paragraphs
Chapter 007 – Letters and Paragraphs for Title II, Title XVI, and Title XVIII
Subchapter 03 – Exhibit and Dictated Letters
Transmittal No. 78, 11/27/2019

Audience

PSC: BA, CA, CCRE, CS, DS, ICDS, IES, ILPDS, IPDS, ISRA, NPR, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BET, BIES, BTE, CC, CDT, CR, CTE, EIE, ERE, FDE, PETL, RECONR, RECOVR;
OCO-ODO: BET, BTE, CCE, CR, CST, CT, CTE, CTE TE, DE, DEC, DS, DSE, PAS, PETE, PETL, RCOVTA, RECONE, RECOVR;
FO/TSC: CS, CS TII, CS TXVI, CSR, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

In an effort to improve the quality of problematic language found in SSA notices, the agency updated and revised several universal text identifiers (UTI) in 2014. We use the E3104 exhibit notice when recovery from the overpaid person is not possible and we are going to recover the overpayment from another beneficiary on the same earnings record. After the revised UTIs that make up this exhibit notice went into production, our policy component received inquiries and suggestions with regard to the new notice language. As a result, we updated this exhibit notice to improve readability, clarity, and tone and to comply with the Privacy Act.

Summary of Changes

NL 00703.104 Notice to Contingently Liable Beneficiary — Recovery From Originally Overpaid Person Not Possible

We updated the POMS based on new and revised notice language:

  • Updated title

  • Removed UTI E3104.1;

  • Revised UTI E3104.1A; and

  • Created new UTI WAV702 (If You Think You Should Not Have To Pay Us Back).

The POMS update also includes the 2014 UTI updates:

  • Revised langauge UTIs 3104A and 3104B;

  • Removed 3100E(obsolete) and added UTIs REPC01 and REP002 for appeal language; and

  • Removed 3901C(obsolete) and replaced with option for CTDO or 3901D.

NL 00703.104 Notice to Contingently Liable Beneficiary — Recovery From Originally Overpaid Person Not Possible

Document Identifier for Word Processor: E3104

A. Exhibit Letter

*F1 received $*F2 more than *F3 should have on *F4 record for *F5. *F6 has not repaid the money. When a person receives too much money and does not pay us back, the law allows us to recover the money from other benefits payable on the same record. (E3104.1A)

How To Pay Us Back

We will withhold *F1 full payments until we recover the money. We will do this starting with the payment *F2 would normally receive about *F3. (3104A)

Or

To recover the overpayment, we will withhold the payment you would normally receive *F1 about *F2. You will receive *F3 monthly payment again about *F4. (3104B)

Or

We will recover the overpayment from the payment you would receive about *F1. The reduced payment will be $*F2. You will receive your regular monthly payment about *F3. (3100B)

If You Think You Should Not Have To Pay Us Back

You may not have to pay us back. Sometimes we can waive the collection of an overpayment, which means you will not have to pay us back. For us to waive the collection of the overpayment, two things must be true.

  • It was not your fault that the overpaid individual got too much Social Security money.

AND

  • Paying us back would mean you cannot pay your bills for food, clothing, housing, medical care, or other necessary expenses, or it would be unfair for some other reason.

If you think these are true about you, contact any Social Security office1. You can ask for waiver at any time by filling out the waiver form. The form number is SSA-632-BK. We will not collect the overpayment while we decide if we can waive collection. If you ask for waiver in the next 30 days, we will not withhold benefits until we decide if we can waive collection.

You may need to show us proof of your monthly income, expenses, and assets. Examples are pay stubs, pension records, rent receipts, utility bills and bank statements. (WAV702)

If You Disagree With The Decision

If you disagree with the decision, you have the right to appeal. A person who did not make the first decision will decide your case. We will review your case again and consider any new facts you have.

  • You have 60 days to ask for an appeal. If you ask in the next 30 days, you will not have to pay us back until we decide your case.

  • Both the 30- and 60-day periods start the day after you receive this letter. We assume you got this letter 5-days after the date on it, unless you show us that you did not get it within the 5-day period.

  • You must have a good reason if you wait more than 60 days to ask for an appeal.

You have to ask for an appeal in writing. We will ask you to sign a form called “Request for Reconsideration.” The form number is SSA-561-U2. To get this form, contact one of our offices. We can help you fill out the form. We are enclosing a pamphlet called “Important Information About Your Appeal and Waiver Rights.” Please be sure to read it.

Even if you do not want to request reconsideration or waiver, call us at 1-800-772-1213 if withholding of the monthly payment will cause hardship. Unless we hear from you within 30 days, we will withhold the benefit as shown above. (3100D Domestic)

Or

If you disagree with the decision, you have the right to appeal. A person who did not make the first decision will decide your case. We will review your case again and consider any new facts you have.

  • You have 60 days to ask for an appeal. If you ask in the next 30 days, you will not have to pay us back until we decide your case.

  • Both the 30- and 60-day periods start the day after you receive this letter.

  • You must have a good reason if you wait more than 60 days to ask for an appeal.

  • You have to ask for an appeal in writing.

We are enclosing a pamphlet called “Important Information About Your Appeal and Waiver Rights.” Please be sure to read it.

Even if you do not want to request reconsideration or waiver, please call, write or visit *F1-1 if withholding of the monthly payment will cause hardship. Please take this letter with you if you do visit an office. Unless we hear from you within 30 days, we will withhold the benefit as shown above. (3100F Foreign)

If You Want Help With Your Appeal 2 (REPC01)

You may choose to have a representative help you. We will work with this person just as we would work with you. If you decide to have a representative, you should find one quickly so that person can start preparing your case. Many representatives charge a fee only if you receive benefits. Others may represent you for free. Usually, your representative may not charge a fee unless we approve it. Your local Social Security office can give you a list of groups that can help you find a representative. If you get a representative, you or that person must notify us in writing. You may use our Form SSA-1696 "Appointment of Representative." Any local Social Security office can give you this form. (REP002)

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any questions, you should contact *F1. You may also write to the Social Security Administration, P.O. Box 17769 Baltimore, Maryland 21235, U.S.A. Please be sure to include your claim number if you do write. However, if you visit an office, please take this letter. It will help the people there answer your questions. (3901D Foreign)

Or

Suspect Social Security Fraud?

Please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-*F3- *F4- *F5. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

*F6

*F7

*F8

*F9 *F10- *F11

If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office. (CTDO Domestic)

Enclosure:

SSA-3105

B. Requesting Instructions

1If the person lives outside the U.S., substitute a fill-in from paragraph 3901D in NL 00703.005E.

2 If the person lives outside the U.S. or has an attorney, omit this paragraph.

E3104.1A Fill-Ins:

*F1-1 Name of overpaid person

*F2-1 Overpayment amount

*F3-1 he

*F3-2 she

*F4-1 Number holder's Name (possessive)

*F4-2 your

*F5-1 Month CCYY

*F5-2 Month CCYY through Month CCYY

*F6-1 Name of overpaid person

Must select one of the following UTIs:

  • Use UTI 3104A if the overpayment exceeds the monthly payment.

  • Use UTI 3104B if the overpayment equals the monthly payment.

  • Use UTI 3100B if the overpayment is less than the monthly payment.

3104A Fill-Ins:

*F1-1 your

*F1-2 beneficiary's Name

*F2-1 you

*F2-2 he

*F2-3 she

*F3-1 Month DD, YYYY

3104B Fill-Ins:

*F1-1 for him

*F1-2 for her

*F1-3 leave blank

*F2-1 Month DD, YYYY

*F3-1 your

*F3-2 his

*F3-3 her

*F4-1 Month DD, YYYY

3100B Fill-Ins:

*F1-1 Date

*F2-1 Amount

*F3-1 Date

You must select one of the following UTIs:

  • Use UTI 3100D if the person lives in the U.S.

  • Use UTI 3100F if the person lives outside the U.S.

3100F Fill-Ins:

F1*-1 fill-in from 3901D

3901D Fill-Ins:

*F1-1 any Social Security office or your Federal Benefits Unit. Visit www.socialsecurity.gov/foreign/foreign.htm for a list of Federal Benefits Units.

*F1-2 any Social Security office

*F1-3 your Federal Benefits Unit. Visit www.socialsecurity.gov/foreign/foreign.htm for a list of Federal Benefits Units.

*F2-1 your

*F2-2 his

*F2-3 her

CTDO (Domestic) Fill-Ins:

*F1-1 Zipcode

*F2-1 Zip+4

*F2-2 DO Code

*F3-1 Telephone Area Code

*F4-1 Phone Exchange

*F5-1 Phone Number

*F6-1 Local Office Address Line #1

*F7-1 Local Office Address Line #2

*F8-1 Local Office Address Line #3

*F9-1 City & State of Local Office

*F10-1 Local Office Zipcode

*F11-1 Zip+4 of Local Office

 


NL 00703 TN 78 - Exhibit and Dictated Letters - 11/27/2019