1. a. 

   Accept a partial refund made prior to approval of the compromise offer.

2. b. 

   Provide a receipt that states that acceptance of the refund does not constitute acceptance of the compromise offer.

3. c. 

   Explain that there may be a delay in notification of the decision in cases requiring further review.

   The reason for a delay is that before a compromise settlement offer can be accepted in some cases (e.g., those of over $20,000 or involving fraud), the offer may be referred to a regional attorney for possible legal objection (if fraud is involved) or referred to the DOJ.

4. d. 

   See GN 02215.105B. for factors to consider in a compromise settlement.

1. a. 

   The offer should be:

   • •

     In writing;

   • •

     On an SSA-795 or in a letter;

   • •

     Over the signature of the overpaid individual or their representative; and

   • •

     Written in the individual's own words.

2. b. 

   Representative's signature alone is acceptable only when:

   • •

     You are reasonably certain they are acting for the individual or the individual's estate; and

   • •

     The representative is in a position to carry out the terms of the settlement; or

   • •

     There is a SSA-1696-U4 or other proof of appointment in file.

3. c. 

   Additional guidelines on format are in GN 02215.105B.3.

Development is the same for title II and title XVI. See GN 02215.115.

1. a. 

   Refer any questions of whether to accept a compromise offer to the Assistant Regional Commissioner and Management Operations Support for their opinion prior to final acceptance of the offer.

2. b. 

   Actions following rejection of a compromise settlement offer.

   • •

     Notify the individual on a SSA-L8165-U2.

   • •

     Notify the appropriate ARC.

   • •

     Resume normal recovery efforts.

3. c. 

   See SI 02220.031 Sensitive Instructions for further instructions on procedures for FO processing of compromise offers.

1. a. 

   If refund is not received, consider reporting the overpayment claim to DOJ through ARC MOS, Management and Operations Support (SI 02220.035).

2. b. 

   If fraud is not involved, refer to DOJ for consideration of civil suit if the amount of the overpayment is $3,000 or more. See SI 02220.052B.3.c.

3. c. 

   However, do not refer death cases if there is no estate.

4. d. 

   “Escheted Estate”. An “Escheted estate” is one that has been distributed to the state. See SI 02220.045 for instructions on "Escheted Estates."

Whenever recovery of an overpayment, regardless of the amount, is discontinued, the uncollected overpayment is maintained on the SSR for reevaluation of adjustment or recovery action when eligibility and payment amount are reestablished. Make appropriate disposition input of the overpayment when eligibility and payment amount are reestablished.