Manual overpayment notices must include all of the following.
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The cause of the overpayment, the amount of the overpayment and the months it occurred;
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A monthly list of the amounts that were paid and that should have been paid for all
months of incorrect payment;
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A request for refund of the full amount of the overpayment;
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If the overpaid individual continues to receive title XVI payment, a proposed 10%
rate of adjustment of payments if the individual does not make a full refund. The
notice must state a date (month and year) at least 60 days in the future on which
adjustment will begin;
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The right of the individual to request a waiver of overpayment collection and/or a
reconsideration of the facts of the existence of the overpayment; and
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How to request a waiver and a reconsideration;
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Except for Ellender class members in New York State, when the overpaid individual
is not currently receiving SSI payments, but does receive Social Security benefits,
the notice discusses the mandatory recovery from the individual’s title II benefits.
The determination of liability for repayment is part of the initial determination
of overpayment. The notice of liability is implied in the Notice of Overpayment. If
there is no representative payee or eligible spouse, a separate notice of liability
is not required.
For information on determining liability for repayment when the overpaid individual
is alive, see SI 02201.020.
For information on determining liability for repayment when the overpaid individual
is deceased, see SI 02201.021.