TN 45 (01-23)

GN 02215.125 SSA Does Not Have Authority to Compromise

A. Operating Procedure - Referral to DOJ

If SSA does not have the authority to compromise (GN 02215.100B.2), refer to DOJ with appropriate development.

When a debt claim for whatever reason has been reported to DOJ, forward any compromise offer regardless of the debt amount.

If fraud involved (regardless of debt amount) forward the offer through appropriate channels to the Office of Inspector General (OIG). OIG will refer to the U.S. Attorney, when appropriate.

If fraud is not involved, but the overpayment exceeds $100,000 and SSA wishes to accept the offer, the PC will use the Claims Collection Litigation Report (CCLR) (GN 02215.168) and Certificate of Indebtedness (COI) (see GN 02215.200C) to forward the offer to Central Justice for a decision. Send the CCLR to:

  •  

    Commercial Litigation Branch

    Civil Division

    Department of Justice

    P.O. Box 875

    Ben Franklin Station

    Washington, D.C. 20044

B. PROCEDURE - COMPLETING THE CCLR

Prepare the CCLR in accordance with GN 02215.168 with the following exceptions:

  • Item 3 - Show the above Central Justice address.

  • Item 15 - Show the name and phone number of a PC contact to answer questions relating to the claim.

  • Item 24 - Show “Not applicable.”

NOTE: Each PC will designate a contact person; individual PCs have the option of deciding who that contact will be.

If adjustment (full or partial) has been initiated, do not stop recovery unless specifically requested by the debtor.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202215125
GN 02215.125 - SSA Does Not Have Authority to Compromise - 01/11/2023
Batch run: 01/11/2023
Rev:01/11/2023