GN 03101: Appeals (Title II and Entitlement Under Title XVIII)
TN 13 (06-11)
A. Initial determination
We make an initial determination if:
a beneficiary is simultaneously entitled to RIB or DIB and to an auxiliary or survivor benefit; and
we fail to reduce auxiliary or survivor benefit by the amount of the RIB or DIB.
If we discover the error after 4 years, the claimant can continue to receive full benefits on more than one SSN unless there is fraud or similar fault. (For information on administrative finality, for errors in conversion operations, and cost of living adjustments, see GN 04030.060C.)
B. Not an initial determination
We have not made an initial determination if:
a child beneficiary is simultaneously entitled on more than one SSN; and
we pay the child on more than one SSN; or
we pay them on more than one SSN rather than only the largest single monthly benefit.
We may make the reduction or suspension whenever we discover the error retroactive to the first date we should have made the adjustment.
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GN 031: Appeals