GN 02301: Policy and Disposition of Underpayments
TN 3 (09-17)
Citations:
Social Security Act (the Act), Section 204 and 205;
Code of Federal Regulations (CFR) 404.501 and 404.503
An “underpayment” is any monthly benefit amount (or part of a monthly benefit amount) that is due to a person but has not been paid.
A. What is an underpayment
An underpayment occurs in the following circumstances:
an accrued benefit amount was not paid,
a check(s) representing correct payment to a deceased beneficiary was not negotiated, or
an issued payment was returned or not received.
B. What is not an underpayment
The following are not underpayments:
Lump-sum death payments;
Excess SMI premiums;
Medicare benefits;
Conserved funds:
Misused funds;
Economic recovery payments; and
Electronic fund transfer (EFT) payments made before the beneficiary’s death and returned by the financial institution after the beneficiary’s death. These are part of the estate and not underpayments.
NOTE: If a payee returns conserved or misused funds to the Social Security Administration (SSA), and the beneficiary dies before we re-certify the funds to the beneficiary or a new representative payee, we can pay the funds to the legal representative of the beneficiary’s estate. For policy on payment of conserved funds to the beneficiary’s estate, see subsection GN 00603.055B.5. For policy on payment of misused funds to the beneficiary’s estate, see GN 00604.060D.
C. Related references
GN 02201.003 Determining Overpayment Amount
GN 02210.001 Adjustment of Overpayments
GN 02210.006 Adjustment of Benefits Due the Overpaid Individual
GN 02301.065 Overpayment Involved and the Underpaid Beneficiary is Deceased
GN 02330.015 Refund of Excess Medicare Premiums—Voluntary Termination
GN 02408.650 Title II Beneficiary Receiving EFT Payments Dies After the End of the Month but Before the Payment Date
GN 02820.050 Economic Recovery Payment (ERP) Payment Information