TN 118 (05-24)

SI 02220.017 Supplemental Security Income (SSI) Overpayment Reconsideration


20 C.F.R. §416.1413(b)

A. Policy for SSI overpayment reconsideration

1. Request for overpayment reconsideration

An individual, their appointed representative, representative payee, or another third-party on behalf of the individual 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. 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:

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

• $2,000.01 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

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SI 02220.017 - Supplemental Security Income (SSI) Overpayment Reconsideration - 05/30/2024
Batch run: 05/30/2024