BASIC (08-06)

A. Policy – Notice Requirements

Once an SVB overpayment is identified, liability is determined and the overpayment is documented, the liable person(s) must be notified of the overpayment in writing. The notice serves as notification that the overpayment must be repaid and that the debtor has the right to appeal the overpayment determination and/or to request waiver of recovery. Later notices provide the debtor with information about the results of waiver requests and/or appeals, and of further appeal rights.

B. Procedure – Initial Overpayment Notices

All SVB overpayment notices must be manually prepared. The Automated Overpayment Notice System (AONS) does not generate these notices. Use the Distributed Online Correspondence System (DPS) to produce SVB overpayment notices. As explained in

VB 02005.315, do not send overpayment notices when the SVB overpayment is less than $30.01. Include the following in the notice:

• The amount and cause of the SVB overpayment;

• A monthly list of the amounts that were paid and the amounts that should have been paid;

• A request for refund of the full amount of the overpayment within 30 days, or if refund of the full amount is not possible, a request for partial payment using the envelope enclosed with the notice;

• An alternative manner to resolve the overpayment (e.g., 10 percent rate of recovery, collection by installments, etc.) if full refund is not made;

• The right to request waiver of the overpayment collection;

• The right to request reconsideration of the facts of the overpayment (e.g., existence, amount, etc.);

• An explanation on how to request waiver and/or reconsideration; and

• Either the foreign or the domestic referral paragraph as appropriate (“If You Have Questions or Need Help”) shown in VB 05001.024.

• Enclose an envelope for refund purposes, and enclose an SSA-2032-BK, Request for Waiver of Special Veterans Benefits Overpayment Recovery or Change in Repayment Rate.

C. Procedure – DPS System Instructions for SVB

The Distributed Online Correspondence System (DPS) does not provide prepared language for SVB overpayment process notices. However, CPS/FO personnel can use DPS to produce and document both initial and subsequent SVB overpayment process notices. To do this, CPS/FO personnel should issue SVB overpayment notices as follows:

• Log on to DPS Production;

• Enter the veteran’s SSN; if there is an MBR/SSR or ICD record, select Retrieval.

• Select Add/Change, located just above Notice Preparation

• Complete the SSN, telephone, name, address and foreign address boxes as appropriate;

• Change information in the ‘Salutation’ box to show ‘Mr.’ or ‘Ms.’ as appropriate;

• Select ‘Notice Selection’ and ‘Overpayment’, then select the appropriate notice template;

• Highlight the ‘Concurrent Header’ (SSAH90);

• Complete the notice AS IF IT WERE AN SSI NOTICE, including universal text indicators (UTIs);

• When the notice is complete and DPS displays the completed notice, select ‘Return to DPS’ to return to the notice preparation screen and select ‘Modify Notice’, located in the lower left corner;

• Select ‘Insert Dictated Text’ or ‘Change’ to change or modify the SSI notice text to conform to SVB program notice language and instructions (see VB 05001.000, VB 05001.024, for example, has SVB appeals, referral and Goldberg-Kelly paragraphs);

• Select ‘Save’

• Select ‘View Notice’ to review the accuracy and completeness of the notice. Select ‘Return To DPS’ and ‘Insert Dictated Test’ or ‘Change’ to make any necessary changes, then save any changes.

• Select ‘Print and Send to ORS’ to produce the notice and to send it to ORS.

• Select ‘Return to DPS’ and ‘Save’ to save the notice in DPS.

IMPORTANT: DP notices produced and retained in this way can later be modified to send other notices to the same debtors or to create notices for other overpaid SVB recipients. Also, CPS/FO personnel with access to Microsoft WORD word processing software may save SVB notice language (See VB 05001.010) in WORD, which can be inserted ‘copy and paste’ or ‘cut and paste’ into notices using the ‘Insert Dictated Text’ or ‘Change’ selections in DPS as appropriate.