TN 22 (06-99)

A. Policy

When a person receiving title II benefits is overpaid and that person is also receiving title XVI payments, only 10 percent of the title II monthly benefit payable (the MBP) will be withheld to recover the title II overpayment.

The 10 percent withholding rate will apply in concurrent claims unless the overpaid person specifically requests a greater (or lesser) rate of withholding.

B. Process

Regular procedures for determining and posting an overpayment will apply.

The initial overpayment notice will continue to reflect 100 percent withholding until appropriate systems changes are made to automatically apply the 10 percent withholding when the overpayment is first established.

The Recovery of Overpayments, Accounting, and Reporting (ROAR) system will automatically withhold 10 percent of the MBP for concurrently entitled beneficiaries only when full withholding is scheduled. If a partial rate of withholding is already annotated to ROAR, ROAR will accept without verifying title XVI involvement.

If ROAR processes the action, the following language is added to the ROAR notice to explain the revised withholding rate:

• “Because you receive SSI benefits, we will collect your overpayment by withholding only 10 percent of your Social Security payment each month until the overpayment is repaid.”

C. Procedure

1. FO Action

If an overpaid person requests less than full withholding, proceed as follows:

• Ask if he/she is receiving title XVI payments.

• If not, follow GN 02210.030B to determine the rate of withholding.

  Input the negotiated rate to ROAR.

• If a concurrent claimant, verify title XVI entitlement and input 10 percent of the MBP to ROAR if not already established on the MBR. Do not negotiate a greater withholding but accept a greater rate if specifically requested.

• Accept and input a lesser rate if the person indicates that the 10 percent withholding will create hardship. However, $10 is the minimum withholding amount (GN 02210.030B), regardless of the time period for recovery. No SSA-795 or SSA-632-BK is needed.

2. PC Action

If a request for less than full withholding is processed by the PC, use the following table to determine the appropriate action.