POMS Reference

GN 02215: Methods of Recovery for Title II, Title XVI, and Title XVIII Overpayments - Part II

TN 17 (02-93)

A. Operating Procedure - Referral to DOJ

If SSA does not have the authority to compromise (GN 02215.100B.2), refer to DOJ with appropriate development.

When a debt claim for whatever reason has been reported to DOJ, forward any compromise offer regardless of the debt amount.

If fraud involved (regardless of debt amount) forward the offer through appropriate channels to the Office of Investigation, Field Office (OIFO). OIFO will refer to the U.S. Attorney, when appropriate.

If fraud is not involved, but the overpayment exceeds $100,000 and SSA wishes to accept the offer, the PC will use the Claims Collection Litigation Report (CCLR) (GN 02215.168) to forward the offer to Central Justice for a decision. Send the CCLR to:

  • Commercial Litigation Branch
    Civil Division
    Department of Justice
    P.O. Box 875
    Ben Franklin Station
    Washington, D.C. 20044

B. PROCEDURE - COMPLETING THE CCLR

Prepare the CCLR (an original and one copy for prong filing on the left side of the folder) in accordance with GN 02215.168 with the following exceptions:

  • Item 3 - Show the above Central Justice address.

  • Item 15 - Show the name and phone number of a PC contact to answer questions relating to the claim.

  • Item 24 - Show “Not applicable.”

NOTE: Each PC will designate a contact person; individual PCs have the option of deciding who that contact will be.

If adjustment (full or partial) has been initiated, do not stop recovery unless specifically requested by the debtor.