TN 23 (12-24)

SI 02201.025 Supplemental Security Income (SSI) Overpayment: Notifying Overpaid Individuals

CITATIONS:

20 C.F.R. §§416.558, 416.571,416.1404

A. Introduction

If we issue more Supplemental Security Income (SSI) payments to an eligible individual than the amount they are due for one or more months, the individual is overpaid. When we overpay individuals we must notify them of the overpayment.

B. Policy for notifying overpaid individuals

All individuals liable for repayment of an overpayment receive a notice of our determination that they are overpaid. An overpayment does not exist until we issue the initial notice of overpayment. Each initial notice of overpayment, whether computer generated by the Automated Overpayment Notice System (AONS) or produced manually in a field office (FO), must include this information:

  • The cause of the overpayment, the amount of the overpayment and the month(s) the overpayment occurred;

  • A list of the amounts that were paid and that should have been paid for all months of incorrect payment;

  • A request for refund of the full amount of the overpayment;

  • If the overpaid individual continues to receive Title XVI payment, a proposed ten percent rate of adjustment of payments if the individual does not make a full refund;

  • The date (month and year) at least 60 days (plus 5 days for mailing) in the future on which we will begin adjustment;

  • The right of the individual to request a waiver of overpayment recovery;

  • The right of the individual to request a reconsideration of the facts or amount of the overpayment;

  • How to request a waiver of overpayment recovery;

  • How to request a reconsideration of the fact or amount of the overpayment;

  • The availability of:

    1. 1. 

      Installment payments when we request refund and the adjustment is not currently available;

    2. 2. 

      Cross-program recovery, except for Ellender class members in New York State, when we request refund and the overpaid individual is not currently receiving SSI payments, but does receive Social Security benefits (SI 02220.020A.8); and

    3. 3. 

      A different rate of withholding.

    For AONS processing instructions, refer to NL 00803.300.

C. Procedure for production of manual overpayment notices

  1. 1. 

    If the system cannot produce an AONS notice, it posts a B3 diary to the Supplemental Security Record (SSR), indicating that you must manually produce and issue an initial notice of overpayment. To determine which manual overpayment notice to use, refer to SI 02220.010.

    NOTE: 

    For some cases that require a manual notice, a technician can make an input to correct the case. This will allow AONS to issue notices for new overpayments. Refer to SM 01310.305.

    Exception: If a case with a B3 diary is under RECOOP control the FO does not need to take any action to resolve the B3 diary when the unresolved overpayment is not on the new overpayments list or the SSI overpayment diary follow up list, refer to SM 01311.633C.

  2. 2. 

    Prepare an overpayment notice in the Document Processing System (DPS). On the National tab, select Notice of Overpayment (Refund or w/h from T16/T2). Print and issue the notice to the individual. Send a copy of the notice to the Online Retrieval System (ORS).

    NOTE: 

    You may use the Web SSI Overpayment Notices Program to prepare the overpayment notice. Whether using the Web SSI Overpayment Notices Program or DPS to prepare the overpayment notice, you must print and send the notice to ORS (a 2-step process). If you are unable to send the notice to ORS, fax a copy into the Evidence Portal (EP).

  3. 3. 

    Resolve all overpayment diaries. For instructions on issuing manual notices to resolve specific overpayment diaries, including B3 diaries, refer to SM 01311.631 through SM 01311.647.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502201025
SI 02201.025 - Supplemental Security Income (SSI) Overpayment: Notifying Overpaid Individuals - 12/12/2024
Batch run: 12/12/2024
Rev:12/12/2024