Effective Dates: 02/14/2025 - Present Previous | Next

TN 133 (05-25)

SI 02220.005 Documenting the Supplemental Security Income Overpayment

A. Introduction

This section provides guidance on documenting the disposition decisions of Supplemental Security Income (SSI) overpayments, with the exception of waiver determinations. For waiver policies and procedures, refer to GN 02250.000.

B. Policy

1.
When we pay an individual more SSI than they are due for one or more months the individual is overpaid. We must notify them, and any representative payee, of the overpayment. We must dispose of the overpayment by making one or more overpayment disposition decisions and documenting the decision on the Supplemental Security Record (SSR). The dispositions include, but are not limited to:
- •
  
  Recover the overpayment;
- •
  
  Refer the overpayment to another agency for action; or
- •
  
  Determine that the overpayment did not exist, is erroneous, or uncollectible.
For information on what constitutes an overpayment, refer to SI 02201.005.
2.

We must document all overpayment disposition decisions on the SSR, regardless of the overpayment amount.
3.

We must document the rationale for all non-collect overpayment disposition decisions in the case file. For a complete list of non-collect overpayment disposition decisions, refer to SI 02220.005D.3.a.
4.

We must obtain a 2-PIN review by a Claims Specialist (CS) or higher for non-collect overpayment decisions of more than $2,000 but less than $5,000.
5.

Field office (FO) management must document their review and concurrence with non-collect overpayment decisions of $5,000 or more.

C. Procedures for types of overpayment documentation

1. FO SSR documentation

a.

We must first determine all months for which the individual was overpaid (the overpayment period), regardless of the overpayment amount. For overpayment period information, refer to SI 02201.005C.4. and SM 01311.035D.
b.

Document the final disposition of each overpayment on the SSR on which you are taking action. Include any notice, collection, transfer, or appeal decision, by posting it through Direct SSR Update.
c.

For overpayments of $2,000 or less, the technician selects the applicable overpayment disposition decision on the overpayment decision (UOPD) screen in Direct SSR Update.

This table lists all possible overpayment decisions on the UOPD screen with corresponding policy instructions, refer to MS 00304.008.

Overpayment Decisions and Instructions

Overpayment Decisions	Systems Instructions	Policy Instructions
1=Waiver	SM 01311.422 SM 01311.423 SM 01311.424	GN 02250.000
2=Appeal	SM 01311.423 SM 01311.424	SI 02220.001
3=Recover by check adjustment	SM 01311.120 SM 01311.125	SI 02220.001
4=Unwilling to repay	SM 01311.200 SM 01311.205	SI 02220.050
5=Unable to repay	SM 01311.200 SM 01311.205	SI 02220.050
6=Uncollectible	SM 01311.280 SM 01311.285	SI 02220.053
7=Erroneous	SM 01311.280 SM 01311.285	SI 02301.315
8=Unable to locate or out of country	SM 01311.200 SM 01311.205	SI 02220.051 SI 02220.050
9=Overpayment to bring forward	SM 01311.350	SI 02220.011
10=Recover by installments	SM 01311.235 SM 01311.240	SI 02220.025
11=Compromise settlement	SM 01311.290 SM 01311.295	SI 02220.030
12=Incorrect overpayment	SM 01311.340 SM 01311.345	SI 02201.010 SI 02201.020
13=Recover from Title II benefits	SM 01311.255 SM 01311.261	SI 02220.020
14=Referral to DOJ (Civil Suit)	SM 01311.220	SI 02220.035
15=Referral to OIG	SM 01311.220	SI 02220.036
16=Referral to Treasury	SM 01311.220	SI 02220.040
17=Bankruptcy	SM 01311.220	SI 02220.040

e.
If the individual resides outside the United States (U.S.)
- •
  
  If the individual resides in a foreign country, post a DM TAC to indicate that we are unable to locate the individual, or the individual is out of the country. Refer to SM 01311.200.
- •
  
  If the individual resides in Puerto Rico or the U.S. Virgin Islands, post the new residence address. The system will automatically post the jurisdictional FO code (DIS) to the SSR; and
- •
  
  Transfer the case in MSSICS to the Downtown Manhattan FO using FO Code 109.

2. FO case file documentation

a.
Technicians must document non-collect overpayment disposition decisions of any amount, and requests for change in recovery rate on the Report of Contact screen. List the overpayment:
- •
  
  Period;
- •
  
  Amount;
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  Sequence number;
- •
  
  Sequence date;
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  Recovery rate requested;
- •
  
  Disposition decision; and
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  Reason for disposition decision.
b.

For non-MSSICS cases, document the information shown in SI 02220.005C.2.a. on the Form SSA-5002, and fax the SSA-5002 and all related documents into the Non-Disability Repository for Evidentiary Documents (NDRED) via the Evidence Portal (EP).
c.

Refer to SM 01311.125 for information on changing the recovery rate for check adjustment, and MS 00304.008 (UOPD) for changing the overpayment decision amount.

D. Procedures for when an overpayment disposition decision requires or does not require review and concurrence

Whether an overpayment decision requires review depends on the overpayment non-collect decision amount. Use the chart in SI 02220.005D.7 in this section to determine the level of review required when fraud is not involved.

1. Overpayment collect decisions do not require review

a.

We are required to attempt to recover overpayments, regardless of the amount. Therefore, overpayment collect decisions do not require review.
b.

Technicians must document the rationale for collect decisions during a personal conference when the liable individual requests a waiver and the technician cannot initially approve the waiver.
c.

Technicians must document the rationale for collect decisions during a case review, formal, or informal conference when the liable individual (or their representative) requests an appeal and the technician cannot approve the appeal. For information on SSI overpayment appeals, refer to SI 02220.017.
d.
Collect decisions include:
- •
  
  Recover by check adjustment;
- •
  
  Recover by installments; and
- •
  
  Recover from Title II benefits.

For more information on the overpayment recovery process, refer to SI 02201.005.

2. Non-collect overpayment decisions of $2,000 or less do not require review and concurrence

If the overpayment non-collect decision amount is $2,000 or less, the CSR, CS, or TSC-CSR may make a non-collect decision on the overpayment without obtaining a review.

3. Non-collect overpayment decisions of more than $2,000 but less than $5,000 require review and approval of non-decision maker technician

a.
FO CSRs and CSs may make non-collect overpayment decisions of more than $2,000, but less than $5,000. However, these non-collect overpayment decisions require a 2nd PIN (2-PIN) review and approval by a CS or management. Refer to SI 02220.005D.4.b in this section for 2-PIN process instructions. Non-collect overpayment decisions include:
- •
  
  Unwilling to repay;
- •
  
  Unable to repay;
- •
  
  Uncollectible;
- •
  
  Erroneous;
- •
  
  Unable to locate or out of country; and
- •
  
  Incorrect overpayment.
b.
Technicians may need to refer a case to another SSA component, such as the administrative law judge (ALJ), or another agency, such as the Department of Justice (DOJ), or the Department of Treasury (Treasury) for a hearing or other decision before making an overpayment decision. Referral “decisions” include:
- •
  
  Appeal;
- •
  
  Referral to DOJ (Civil Suit);
- •
  
  Referral to OIG;
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  Referral to Treasury; and
- •
  
  The U.S. Attorney for a case in bankruptcy.
c.

Exceptions to review and approval of non-collect overpayment decisions of more than $2,000

Administrative law judge (ALJ) or federal court decisions, e.g., ALJ overpayment decision reversals, and overpayments discharged in bankruptcy court. Refer to SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

For instructions on accepting overpayment compromise offers, refer to SI 02220.031.

NOTE: Non-collect court decisions do not require review and concurrence; however, the 2-PIN process is a systems requirement for non-collect overpayment decisions of more than $2,000.

4. Non-collect overpayment decisions of at least $5,000, but less than $35,000 require management review and concurrence

a. FO manager reviews, provides concurrence, and documents the review and concurrence

FO Management (Operations Supervisor (OS), Management Support Specialist (MSS) or manager) must review and concur with all overpayment non-collect decisions of at least $5,000 but less than $35,000, through a 2-PIN process.

b. The 2-PIN process

After the technician selects an overpayment disposition decision via the UOPD, the reviewer (non-decision maker CS or management) takes these actions:

•

Reviews the non-collect decision for technical accuracy and conformance with POMS instructions;
•

Documents the required technician or management review for MSSICS cases, using the Report of Contact screen. For non-MSSICS cases, document the required review on form SSA-5002, fax the SSA-5002 and all related documents into NDRED;
•

Briefly states that they reviewed the proposed overpayment decision for technical accuracy, conformance with POMS instructions, and that they concur with the disposition;
•

Accesses the Direct SSR Update using their own PIN; and
•

Completes the Decision Approval (UODA) screen on the same day as the CS or CSR who made the decision, and enters their disposition decision on the UOPD.

c. FO technician or management reviewer reviews but does not provide concurrence

If the FO CS or management reviewer does not concur with the disposition decision, they return the case to the CS or CSR for further action.

d. Exceptions to the 2-PIN process:

•

Overpayments under Recovery and Collection of Overpayments (RECOOP) system control;
•

Overpayment disposition decisions made in the Payment Centers (PCs). PCs follow the instructions in GN 02210.217.

e. Exceptions to review and concurrence on non-collect overpayment decisions of more than $2,000

•

ALJ or federal court cases, e.g., ALJ overpayment decision reversals, and overpayments discharged in bankruptcy court. Refer to SI 02220.040 for more information regarding overpayment recovery and bankruptcy.
•

For instructions on accepting overpayment compromise offers, refer to SI 02220.031.

NOTE: Non-collect court decisions do not require review and concurrence; however, the 2-PIN process is a systems requirement for non-collect overpayment decisions of more than $2,000.

5. Non-collect overpayment decisions of at least $35,000 but less than $100,000 require Regional Office (RO) review and concurrence

a.

If the FO manager concurs with the technician’s recommendation on a non-collect decision of at least $35,000 but less than $100,000, the manager must refer the non-collect decision recommendation to the Regional Office (RO)/Assistant Regional Commissioner for Management and Operations Support (ARC MOS) for review and concurrence.

NOTE: Management is required to document their concurrence. For MSSICS cases, FO Management should refer to the Report of Contact screen. For non-MSSICS cases, use form SSA-5002 and fax it along with all related documents into NDRED.
b.

If the Processing Center (PC) manager concurs with the non-collect decision, they must refer the recommendation to the RO/Assistant Regional Commissioner for Processing Center Operations (ARC PCO).
c.
The RO reviewer (ARC MOS, the CDPS Director, a CDPS Supervisory Social Insurance Specialist, or ARC POS) takes these actions:
- •
  
  Documents their review using the Report of Contact screen. For non-MSSICS cases, the reviewer documents the required RO review using the NDRED process;
- •
  
  Briefly states (on behalf of the RO/ARC MOS) that they reviewed the proposed overpayment non-collect decision for accuracy, conformance with POMS instructions, and concurs with the disposition decision; and
- •
  
  Uses their own PIN to post the overpayment disposition decision.
d.

If the RO reviewer does not concur with the non-collect disposition decision, they return the case to the FO for further action.

NOTE: Refer to regional instructions for specific RO review and concurrence procedures.
e.

Exceptions to RO review and concurrence on non-collect decisions of at least $35,000 but less than $100,000

ALJ or federal court decisions, e.g., ALJ overpayment decision reversals, and overpayments discharged in bankruptcy court. Refer to SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

For instructions on accepting overpayment compromise offers, refer to SI 02220.031.

NOTE: RO review and ARC MOS approval are not needed for these cases; however, the 2-PIN process is a systems requirement for non-collect decisions on overpayments of more than $2,000.

6. Non-collect overpayment decisions of $100,000 or more require referral to the Department of Justice through the ARC MOS

a.

For overpayment non-collect decisions of $100,000 or more, refer the case to DOJ through the ARC MOS after FO management review and concurrence.
b.

For complete instructions on forwarding cases to DOJ, refer to SI 02220.035.
c.

Exceptions to management review and concurrence of non-collect overpayment decisions of $100,000 or more:

ALJ or federal court decisions, e.g., ALJ overpayment decision reversals, and overpayments discharged in bankruptcy court. Refer to SI 02220.040 for more information regarding overpayment recovery and bankruptcy.

We do not need DOJ approval to make a determination that the overpayment did not exist or that the overpayment determination was incorrect, regardless of the amount of the overpayment.

For instructions on accepting overpayment compromise offers, refer to SI 02220.031.

7. Chart of overpayment decisions and review requirements when fraud is not involved

Overpayment Decision	Overpayment Decision Amount	Review Required
Collect	Any amount	No review is required
Non-collect (unwilling to repay, unable to repay, uncollectible, erroneous, incorrect, unable to locate or out of the United States, compromise offer)	$2,000 or less	No review is required
Non-collect (unwilling to repay, unable to repay, uncollectible, erroneous, incorrect, unable to locate or out of the United States, compromise offer accepted)	More than $2,000 but less than $5,000	Review by CS or management with 2-PIN approval, unless an exception to review, per SI 02220.005D.3.c.
Non-collect (unwilling to repay, unable to repay, uncollectible, erroneous, incorrect, unable to locate or out of the United States, compromise offer accepted)	At least $5,000 but less than $35,000	FO management review is required with 2-PIN approval, unless an exception to management review, per SI 02220.005D.4.e.
Non-collect (unwilling to repay, unable to repay, uncollectible, erroneous, incorrect, unable to locate or out of the United States, compromise offer accepted)	At least 35,000 but less than $100,000	RO management review is required with 2-PIN approval, unless an exception to management review, per SI 02220.005D.5.e.
Non-collect (unwilling to repay, unable to repay, uncollectible, erroneous, incorrect, unable to locate or out of the United States, compromise offer accepted)	$100,000 or more	Referral to DOJ through the ARC MOS after FO management review and approval, unless an exception to management review, per SI 02220.005D.6.c.

E. If you suspect the overpayment was due to fraud

1.

Refer the case to the Office of the Inspector General (OIG). For instructions on referring fraud cases to OIG, refer to SI 02201.007.
2.

Post a MO TAC. For instructions for referral to another agency, refer to SM 01311.220.
3.

Take no further action until OIG contacts you.
4.

If the fraud case is under the jurisdiction of DOJ, post a MJ TAC-referral to the DOJ, Program Integrity, or other agency. For a discussion of posting a MJ TAC, refer to SM 01311.220 and MS 00304.008.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502220005

SI 02220.005 - Documenting the Supplemental Security Income Overpayment - 02/14/2025
Batch run: 05/16/2025
Rev:02/14/2025

Social Security

Program Operations Manual System (POMS)