Advance notice is not required if the overpaid individual has already received advance
notice with respect to the overpayment.
EXAMPLE: In February 2009, we sent an overpayment notice to Sally Jones, who is no longer
entitled to benefits. Sally subsequently became re-entitled to benefits in March 2010.
A new advance overpayment notice is not necessary and we initiate immediate overpayment
recovery in the current operating month (COM).
In addition, advance notice is not required if:
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•
An incorrect payment results because a payment(s) is directly deposited into a joint
bank account after the individual's death and the surviving joint account owner is
not entitled on the deceased’s record for the month before the month of death (see GN 02201.001F, Social Security Act §204(a)(2), and GN 02201.007F); or
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•
Benefits are incorrectly paid for the current year based on a current year work estimate
of earnings (see GN 02201.001F).
NOTE: Even where an exception to the 30-day advance notice required by GN 02201.009G applies, due process considerations may still require us to provide notice to the
individual before suspending his or her benefits. For more specific instructions,
see GN 03001.005.
If advance notice is not required, adjustment begins effective COM. However, if the
individual appeals or requests waiver, stop recovery and follow normal instructions,
depending on the type of appeal requested.