Each initial notice of overpayment whether computer generated by the AONS or produced manually in an FO will include the following:

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  The cause of the overpayment, the amount of the overpayment and the months it occurred;

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  A monthly list of the amounts that were paid and the amounts that should have been paid;

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  A request for refund of the full amount of the overpayment;

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  A proposed rate of adjustment of 10 percent when the overpaid individual continues to receive SSI payments not subject to the payment limit for FLA-D. The notice states a date (month and year) at least 60 days in the future on which such adjustment will begin;

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  Except for members of the Ellender Case in New York State (see GN 02210.214), a discussion of adjustment of title II benefits when the overpaid individual is not currently receiving SSI payments, but does receive Social Security benefits;

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  A discussion of the right of the individual to request a waiver of overpayment collection and/or a reconsideration of the facts of the overpayment; and

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  An explanation on how to request waiver/reconsideration.

Unless it is excluded from AONS (SM 01310.305), the initial overpayment notice is issued:

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  At least 22 days after the overpayment is detected if a Notice of Planned Action is issued.

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  At the same time the overpayment is detected if the overpayment affects retroactive months only. In this case the SSA-L8100 and the overpayment notice are issued on the same day.

The initial overpayment notice is also delayed:

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  When the overpayment period (SI 02201.005B.3.) extends into a future month.

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  The overpayment is less than $1.00. Recovery action is not initiated against such overpayments and the individual is never notified (SI 02260.030).

The FO should not send a manual initial notice of overpayment until:

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  After the end of the Goldberg/Kelly due process period; or

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  A pending initial appeal of the reduction, suspension or termination of payment amount is resolved; or

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  Until the 60-day appeal period following the disability cessation notice or notice affirming disability cessation has passed. If an appeal is timely filed, do not issue the overpayment notice nor pursue recovery until all appeals are exhausted (reconsideration, ALJ, appeals council, and court levels). Review relevant systems to verify current appeal status before proceeding. (See GN 02201.009 and SI 02220.009.); or

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  The 61^st day following the referral of the case to OIG for possible fraud. (See GN 02201.050C.4.)

A manual notice is not sent and the overpayment is waived (see SI 02260.030B.) when the overpayment is less than $30.01 unless:

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  The overpayment can be recovered by netting (See SM 01311.160 through SM 01311.170; SI 02220.015; SI 02220.015A.5. through SI 02220.015B); or

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  The overpayment can be added to a prior unresolved overpayment. The individual can be notified of both overpayments in one notice.

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  The case is referred to OIG for possible fraud. Delay the notice until the 61^st day following the referral to OIG. (See GN 02201.050C.4.)

1. a. 

   If a recipient reports an event which will cause their payment amount to be reduced, suspended, or terminated they have the right to request continuation of the prior payment. Such requests must be within 10 days from receipt of the advance notice (i.e., the SSA-L8155, Notice of Planned Action).

2. b. 

   If an appeal is timely filed (or filed after the 10-day period but good cause is established), the prior payment will continue until you make the initial appeal decision. Resume recovery after you make a determination on the request for waiver and/or reconsideration (See SI 02220.001A.3.c. and SI 02260.001B.3.b.).

See SM 01310.300 for automated overpayment notices. See NL 00803.300 for notice content and procedure, optimum use, etc.

1. a. 

   Generally, do not send a manual notice before the case appears on the monthly overpayment listing. If you do send a manual overpayment notice, make sure that one of the exceptions to AONS processing in SM 01310.305 applies.

2. b. 

   When fraud is suspected, do not send a notice until the 61^st day following the day the case was referred to OIG for possible fraud. (See GN 02201.050C.4.)

   See SI 02220.010A.3. about the timing of the automated notice.

   See NL 00803.110 and SI 02220.010A for the content of the overpayment notice.

3. c. 

   When posting reported changes that may cause an overpayment follow SM 01311.050. If you want to send a manual notice, suppress the AONS notice unless you are certain that an AONS exclusion will apply.

SSA-L8176-U2, Notice of Overpayment - Representative Payee Cover Sheet.

Use with the notice of overpayment when initially informing the overpaid individual and payee of the overpayment.

See NL 00803.150 for instructions on use of the SSA-L8176-U2.