If an assessment is imposed,
-
•
The amount can be less than, equal to, or up to twice the amount of the overpayment
that occurred as a result of the statement, representation, or other misconduct, which
was the basis for the penalty.
-
•
The overpayment represents the damages sustained by the United States as a result
of the person’s actions or omissions, and SSA collects the assessment instead of the
overpayment.
SSA cannot collect both the assessment and the overpayment amount.
If the assessment is equal to or more than the overpayment.
-
•
Reduce the overpayment to zero and
-
•
Post the entire CMP amount. See instructions for posting the assessment to the MBR/SSR
in GN 02230.055A.4.-5.
EXAMPLE 1: CMP Imposed and assessment greater than overpayment
|
|
Overpayment on record
|
$ 5,000
|
CMP imposed
|
|
Penalty
|
$ 3,000
|
Assessment
|
$10,000 (2 times overpayment amt)
|
Total CMP
|
$13,000
|
Reduce Overpayment to zero
|
|
Title II
|
use TC 53, Reason code 97, via DRWD screen
(suppress any waiver decision notice)
|
Title XVI
|
use Z TAC for terminated records and
records with a force pay flag (FFLF) use NT TAC for all other Title XVI records
NOTE: A NT TAC in excess of $2,000 requires management approval. A NT TAC in excess of
$20,000 requires RO approval. See 02220.005
|
Post $13,000 CMP
|
|
Title II
|
under TOE Code 61 via SMED screen
(MS
01102.003)
|
Title XVI
|
use a P TAC via UOMA screen as a Federal amount. This will show as a P99 on the SSR
(MS
00304.014)
|
Add Remarks and/or Special Messages to the record that a $13,000 CMP was imposed and
the overpayment was reduced because of the assessment.
Sample Remarks and/or Special Messages for this scenario: $13K CMP ($3K PENALTY &
$10K ASSMNT) – ASSMNT REPRESENTS 2X O/P AND O/P REDUCED TO ZERO-DO NOT DELETE REMARK
If the assessment is less than the overpayment, reduce the overpayment amount by the
assessment amount. The remaining overpayment balance is subject to normal overpayment
recovery procedures. Post the entire penalty and assessment amount.
EXAMPLE 2: CMP Imposed and assessment less than overpayment
|
|
Overpayment on record
|
$ 15,000
|
CMP imposed
|
|
Penalty
|
$ 5,000
|
Assessment
|
$10,000
|
Total CMP
|
$15,000
|
|
|
Reduce the Overpayment on record to
|
$ 5,000
|
Title II
|
with TC 53, Reason code 97, for $10,000 or
|
|
|
Title XVI
|
with Z TAC for $10,000 (terminated or force pay flag record) or
with NT TAC for $10,000 (other than terminated record)
|
|
|
Post Combined Penalty and Assessment
(same as in example 1 above)
|
$15,000
|
Add Remarks and/or Special Messages to the record that a $15,000 CMP was imposed and
the overpayment was reduced because of the assessment.
Sample Remark for this scenario: $15K CMP ($5K PENALTY & $10K ASSMNT) ASSMT REPRESENTS
2/3s OF O/P- O/P REDUCED TO $5K-DO NOT DELETE REMARK