Effective Dates: 11/13/2024 - Present Previous | Next

TN 6 (11-24)

DI 60075.065 Appeal Process for Promoting Opportunity Demonstration (POD) Overpayments

When a POD participant reports monthly earnings higher than the offset threshold amount, PAS applied a $1 for $2 benefit offset, following the procedure set out in DI 60075.040. An overpayment occurred when a POD participant submitted a late earnings report or when PAS applied additional benefit offset based on the annual earnings posted at the end of the year. The master beneficiary record (MBR) displays POD overpayments by the type of event (TOE) code of 80 with an explanation of BOND/POD DEMO. Since POD overpayments have the same type-of-event (TOE) code (80) as Benefit Offset National Demonstration (BOND) overpayments. To distinguish between a POD overpayment and a BOND overpayment:

  • •

    View the Special Message field on the MBR - Special Message will explain whether the beneficiary is in either the POD or the BOND;

  • •

    View the HISTDEMO on the MBR for a DPI of DP; and

  • •

    View DCF DEMO screen for DPI of DP and Start and Stop dates of participation.

A POD participant could request reconsideration or waiver of the overpayment.

A. POD participant inquires about overpayment

1. Overpayment event type is BOND/POD DEMO and Special Message/HISTDEMO/DCF indicate POD participation

a. Waiver inquiry

If the beneficiary decides to request a waiver:

  • •

    follow usual procedures to post the informal waiver request in Debt Management System (DMS) to stop overpayment recovery (for more information on waiver request, see GN 02201.034);

  • •

    send the notice in DPS titled “Request for Waiver Cover Letter”;

  • •

    send a Form SSA-632-BK (Request for Waiver of Overpayment Recovery or Change in Repayment Rate) to the beneficiary;

b. Reconsideration inquiry

The due process period for all POD overpayments has expired. POD participants may no longer request a reconsideration for overpayments in the POD participation period.

2. Overpayment event type is not POD

Follow existing rules for processing any other overpayments on the beneficiary’s record (including Disability DIB Cessation), even if they have a POD overpayment on the ROAR, or is currently in POD. For overpayment processing instructions, see GN 02201.001.

B. FO procedure to process a POD waiver

The FOs are responsible for processing waiver requests and hearing requests (hearing requests are forwarded to OHO per GN 03103.080A).

If a POD participant decides to file a waiver, follow these procedures:

1. Waiver inquiry

If the beneficiary, representative payee, or authorized representative wants to file a waiver, follow the usual procedures to post the informal waiver request in DMS to stop overpayment recovery. Send the notice in DMS titled “Request for Waiver Cover Letter” with the form SSA-632-BK.

2. Waiver received in FO

If the beneficiary returns the form SSA-632-BK directly to the FO, follow the usual procedures to post the waiver request in DMS. The FO should continue development needed for the waiver.

3. Waiver received in PC

Prior to transferring the waiver request to the FO, the PC posts an explanation in the debt management system to explain how the overpayment occurred. Determining without fault and the inability to re-pay is the FO’s responsibility. The PC notifies the FO of the waiver request via Modernized Development Worksheet (MDW), including a summary of any evidence submitted, and faxes all evidence into eView or NDRED.

4. National 800 Number Network (N8NN) process for POD waiver requests

If the beneficiary, representative payee, or authorized representative calls and states that they want to file a waiver, continue to follow procedures in TC 26001.080.

C. FO procedure to process POD reconsideration requests

The PITAG (PCs 1-6) and I&E Unit (PC7) within the servicing PC is responsible for making a decision on POD overpayment reconsideration requests. If the field office receives a reconsideration request on a POD overpayment:

  1. 1. 

    input the reconsideration request in DMS;

  2. 2. 

    fax the Form SSA-561-U2 and any accompanying evidence into the eView or Non-Disability Repository for Evidentiary Document (NDRED) as appropriate;

  3. 3. 

    email the POD centralized account for the servicing PC indicating the beneficiary is requesting a reconsideration on a POD overpayment. For additional information about reconsideration requests, see DI 60075.075A.1.b., in this section;

  4. 4. 

    return the SSA-561 and any accompanying evidence to the beneficiary; and

  5. 5. 

    refer the beneficiary to the POD Call Center (1-888-771-9188).

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0460075065
DI 60075.065 - Appeal Process for Promoting Opportunity Demonstration (POD) Overpayments - 11/13/2024
Batch run: 11/13/2024
Rev:11/13/2024