TN 52 (12-23)

GN 02250.044 Overpayment Resulting from Continued Payments to Incarcerated Felons — Waiver

A. Policy

1. How Overpayment Occurs

When benefits are paid to a beneficiary for a month, any part of which they are incarcerated for committing a felony, an overpayment exists for that month.

2. Reporting Instructions

Instructions to report imprisonment were first included on benefit applications and reporting forms as follows:

Form Version
SSA-1 1/84
SSA-2-F6 1/84
SSA-4-BK 1/82 for DAC's
1/84 for all children
SSA-5-F6 1/84
SSA-10-BK 1/84
SSA-16-BK 9/82
SSA-1383-FC 1/81

Check stuffers addressing this reporting responsibility were not issued.

3. Fault/Without Fault Finding

A fault or without fault finding is based on whether a person knew or should have known their reporting responsibilities.

B. Procedure

To determine fault/without fault, proceed as follows:

If Then
The person fails to report Question the reason for not reporting.
The person alleges that they were unaware of the need to report Determine the application filing date.
Filing date before 10/80 Assume the person was unaware of reporting responsibility
Filing date after 10/80 Review the publication dates in GN 02250.044A.2. to determine if the person was notified of reporting responsibilities.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202250044
GN 02250.044 - Overpayment Resulting from Continued Payments to Incarcerated Felons — Waiver - 10/03/2005
Batch run: 12/27/2023
Rev:10/03/2005