TN 30 (09-11)

Citations:

20 CFR 404.502a and 20 CFR 404.506

A. Purpose of the review

The purpose of this delay in recovery is to ensure that overpayment recovery does not take effect until the overpaid person has had an opportunity to contest the overpayment determination or show that we should waive recovery. Therefore, do not initiate recovery until 60 days after we notify the overpaid person. We also delay recovery for the reasons shown below. We initiate recovery when we take the last action.

The overpaid person has 60 days to contact SSA and appeal the overpayment determination. The overpaid person can request a waiver at any time, even if we fully recovered the overpayment. If we previously denied the waiver for “at fault”, treat any subsequent waiver request as res judicata (i.e., already decided) if there is no new and material evidence. If we previously denied the waiver because recovery would not defeat the purpose, any subsequent waiver request will require a new review of the overpaid person’s current financial circumstance.

NOTE: Res judicata is a rule in civil law that provides that once an issue is decided it does not need to be decided again.

B. Delaying recovery

Stop recovery effective with the month the overpaid person:

• requests reconsideration or waiver;

• requests an explanation of the overpayment; or

• alleges nonreceipt for a double check negotiation (DCN) overpayment and meets the criteria in accordance with instructions in GN 02406.200.

See the references in GN 02201.011D in this section for more detailed instructions on the different scenarios.

C. Resuming recovery

After providing a satisfactory explanation of the overpayment, the field office (FO) must make the appropriate input using the Debt Management System (DMS) as soon as the person decides whether or not to appeal or request a waiver. Follow instructions in GN 02201.017 Explanation of Overpayment, before resuming recovery.

If the overpaid person requests waiver or combined waiver and reconsideration, recovery will resume:

• If we deny the waiver and we gave the overpaid person an opportunity for a personal conference;

• If the overpaid person declines a personal conference;

• If the overpaid person requests reconsideration and the reconsideration decision affirms the overpayment;

• If the overpaid person requests an Administrative Law Judge (ALJ) hearing after a reconsideration denial or personal conference denial (see GN 02201.025).

If the overpaid person alleges nonreceipt, but forgery is not determined, resume recovery using instructions in GN 02406.000.

D. References

• GN 02201.017 Explanation of Overpayment

• GN 02201.019 Waiver of Recovery

• GN 02201.025 Title II Overpayment Reconsideration Request

• MSOM DMS 006.003 Protest/Stop Recovery Request (PC) (DRPR)

• MSOM DMS 006.019 Protest/Stop Recovery Request (FO) (DRPF)

• MSOM DMS 006.020 Protest/Stop Recovery Request (TSC) (DRPT)

• MSOM DMS 006.015 Establish Offset (Debtor) (DROA)

• MSOM DMS 006.014 Record Installment Agreement (DRIN)