TN 73 (10-22)

GN 02210.222 Debt Contact Representative (DCR) Use of Telephone in Debt Collection

A. Introduction

These instructions provide a Debt Contact Representative (DCR) with actions needed when calling a Title II or Title XVI debtor.

NOTE: Telephone calls may also be made when trying to identify a proper address for billing and debt collection.

B. Reminders

If you need to call a debtor, you should make the calls at different times on varying days, for example, Monday 11:00 A.M., Tuesday 8:00 A.M., Wednesday 1:00 P.M., and Friday 3:00 P.M. Document your contact efforts on the Debt Management System (DMS) Remarks (RMKS) screen. For more information on the DMS Remarks screen, see MS 01109.002 and MS 01109.003.

1. Telephone interpreter service

SSA is committed to providing fair and equitable service to all of its customers, including debtors, regardless of their English proficiency. Therefore, SSA contracts with a service to handle immediate telephone language interpretations for SSA public contact employees nationwide. For instructions on using this service see the Telephone Interpreter Service (TIS) GN 00203.011B .5.

2. Debtor responsibilities

Remind the debtor of his or her responsibility to repay the debt. Tell the debtor that they:

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  have the option of paying by check, money order, credit card, or Pay.gov ;

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  may be subject to Tax Refund Offset (TRO), Administrative Offset, and Credit Bureau Reporting if he or she does not make a payment.

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    For more information on Title II, for TRO see GN 02201.030 , for Administrative Offset, see GN 02201.031 and for Credit Bureau Reporting, see GN 02201.032 .

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    For more information on Title XVI, for TRO, see SI 02220.012 , for Administrative Offset, see SI 02220.013 , and for Credit Bureau Reporting, see SI 02220.014 ; and

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  will be subject to cross program recovery if it becomes available.

3. Debtor not selected for the Treasury Offset Program (TOP) and Credit Bureau Reporting

When discussing overpayments with debtors, keep in mind that not all debts meet the criteria for selection for TOP and Credit Bureau Reporting.

a. Title II debts

We will not select Title II cases with certain characteristics for TOP and credit bureau reporting.

We will not select cases if the:

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  Title II debtor is in LAF “S” or any LAF other than “T, U, X, N or P”;

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  debt was established before the debtor attained age 18;

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  debt shows an indication that the Department of Justice (DOJ) is involved, such as a Transaction Code (TC)31, TC-32, or TC-70;

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  Title II debt is a type of event (TOE) 16, 29, or 31; or

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  debtor is deceased.

b. Title XVI debts

We will not select Title XVI debts with certain characteristics for TOP and credit bureau reporting.

We will not select debts with the following characteristics for TOP if the:

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  debt has a future payment status (PSTAT) code of “C01,” which indicates that the former recipient will soon go into current pay status;

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  payment status is other than “N” or “T”; or

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  debt was established before the debtor attained age 18.

C. General guidelines for using telephone in debt collection

When calling a debtor, avoid the following:

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  inflammatory, obscene or profane language;

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  idle threats (actions which SSA cannot enforce) or threats of violence;

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  telephone calls at unreasonable hours (before 8:00 A.M. and after 9:00 P.M.) Be alert to the time difference when a debtor lives in another part of the country;

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  misrepresentation of the debtor's or SSA's legal rights;

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  disclosure of a debtor's personal business to a debtor's employer, friend, or neighbor;

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  obtaining information by false pretenses;

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  issuance of documents simulating legal process; and

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  contact at a place of employment if the DCR (or Field Office) knows or has reason to know that the employer prohibits such contact.

D. Procedure contacting debtors

1. Obtaining the debtor’s phone number

2. Identify the debtor

To release any information from our records, you must be certain of the caller's identity. We have established specific guidelines for verifying the caller's identity when he or she requests access to or disclosure of information.

If you contact the debtor, verify the caller’s identity using instructions in GN 00203.020 . Once you verify the identity of the debtor, follow the instructions below. For more information on releasing information by telephone, see GN 03360.005 .

IMPORTANT: If you are unable to verify the identity, do not release any information.

3. Contact with the debtor

Follow these instructions based on results of the call:

4. Contact with a third party

If you reach a third party while attempting phone contact, do not discuss the overpayment or the nature of your business. Follow this chart:

5. Contact with an answering machine

If you reach a phone answering service or machine, leave a message for the debtor to call during a specified time. Do not discuss the overpayment or the nature of your business in the message. Annotate in the DMS RMKS screen that you requested the debtor to call at a specific time.