TN 12 (03-89)

A. Operating Policy

In refund situations it may be necessary to request the assistance of the State Department in recovering an overpayment.

If adjustment of the overpayment becomes available (or recovery is waived) after the State Department's assistance has been requested, notify them promptly to discontinue their recovery efforts.

Once the State Department has been told to discontinue recovery efforts, do not make a second request for assistance if adjustment ceases to be available and full recovery was not possible. Terminate collection efforts (ROAR TC 71).

B. Operating Procedure

1. LIFE CASES

For the $30 or more debt:

1. Provide the Federal Benefits Unit (FBU) with a complete explanation of the overpayment and any other pertinent information, including a report of our efforts to collect.

2. In representative payee situations, where both the payee and the beneficiary are in the same FBU jurisdiction, furnish the FBU with forms for both persons and ask the FBU to obtain all information requested from each person.

3. If appropriate, use Sample Letter for Request for State Department's Assistance to Recover an Overpayment on Form SSA-1320-U4 (GN 02280.700).

4. Enclose the SSA-3560, Instructions Regarding Overpayments of Social Security Benefits (GN 02280.030). Advise typist to enter appropriate claim number(s) in item three of the SSA-3560.

5. Diary and follow-up in accordance with GN 00904.245.

If the FBU's efforts to recover are unsuccessful, terminate collection action (ROAR TC 71).

2. DEATH CASES

1. Request FBU assistance where the overpayment is $3,000.00 or more, unless there is information available to establish there is no estate.

2. If the representative of the estate has made refund reducing the overpayment to less than $3,000.00, make no further collection efforts to recover from the estate. However, do not terminate efforts to recover by adjustment from benefits payable to other persons on the same earnings record (GN 02210.015).

3. In known estate cases, the request for FBU assistance should contain:

   • A letter of explanation of the overpayment (including a report of our efforts to obtain refund), and

   • A request that the FBU contact the representative of the estate to obtain refund.

4. Include a complete explanation of the overpayment in those letters in which we are seeking information about the existence of an estate.

5. Request the FBU to make a demand for refund of the overpayment if they find there is an estate and the representative is identified.