POMS GN 02210: Methods of Recovery for Title II, Title VIII, Title XVI, and Title XVIII Overpayments (2024)

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Effective Dates:11/22/2017 - Present

TN 32 (11-17)

A. Debtor agrees to full refund

When a debtor in non-pay status agrees to repay the full amount of a debt in a lump sum, follow the steps in this chart.

Step

Action

1

Explain that payment is due immediately.

2

Advise the debtor to:

  • Make the check or money order payable to Social Security Administration (SSA);

  • Include the full debt account number on the check or money order; and

  • Enclose the bill and send the payment in the preaddressed return envelope.

  • If the debtor does not have a preaddressed envelope, provide the mailing address:

    MATPSC
    P.O. Box 3430
    Philadelphia, PA 19122-9985

3

If the debtor is willing to make a full refund via credit card, follow GN 02210.205.

4

If a debtor indicates future payment, negotiate the earliest date possible. Under no circ*mstance, agree to a date that exceeds six months in the future. Obtain a Collection Query (see MS DMS 014.007).

Explain to a debtor that the Treasury Offset Program (TOP) and credit bureau reporting (if applicable) selects the debtor if we do not receive repayment within 60 days after the date of the due process notice. If the 60-day period expired, explain that the collection tools are already in effect, immediate full refund prevents offset, and updates the credit report to show a debt balance of zero (for non-BIC “C” Title II and Title XVI debtors). (For reporting Title XVI debts to credit bureaus, see SI 02220.014.)

5

If proposed due date for full refund is more than six months in the future, negotiate an installment agreement and follow GN 02210.214B.

6

If the proposed due date for full refund is less than six months in the future, and TOP and credit bureau reporting (if applicable) has not selected the debtor , explain that we use those collection tools if we do not receive repayment within 60 days after the date of the due process notice. If the 60-day period expired, explain that the collection tools are already in effect and that immediate full refund prevents offset and updates the credit report to show a debt balance of zero (for non-BIC “C” Title II and Title XVI debtors.) (For reporting Title XVI debts to credit bureaus, see SI 02220.014.)

  • Stop billing, if necessary.

  • Diary RECOOP for 15 days after the agreed upon date and code the reason for the diary.

7

Call the debtor again if there is no record of the refund when the diary matures. If TOP and credit bureau reporting (if applicable) selects the debtor, remind the debtor that we use those collection tools. Request full refund. If necessary, negotiate an installment amount and follow GN 02210.214B.

B. Debtor agrees to installment payment

When a debtor in non-pay status agrees to repay by installments, follow the steps in this chart.

Step

Action

1

Negotiate an installment amount that liquidates the debt within 12 months.

2

If unsuccessful, negotiate a rate that permits recovery within 36 months.

3

If not possible, negotiate the highest installment amount. Negotiate an installment amount that bears a reasonable relationship to the amount owed but not be less than $10.00 per month for both Title II and Title XVI debts.

4

Once the debtor agrees to an amount:

  • Negotiate the due date for the payment. If we referred the debtor for TOP and credit bureau reporting, explain that those collection tools remain in effect until we receive the first installment payment and that failure to continue to pay reactivates the collection tools. If TOP and credit bureau reporting (if applicable) selects the debtor but not yet referred, explain that we must receive payment within 60 days of the date of the due process notice, or we will use the collection tools.

  • Advise the debtor to make the payment by check or money order payable to SSA;

  • Show the full debt account number on the check or money order; and

  • Mail the first installment using the preaddressed return envelope and bill stub, if available.

  • If the debtor does not have a preaddressed envelope, provide the mailing address:

    MATPSC
    P.O. Box 3430
    Philadelphia, PA 19122-9985

5

Record the results of the conversation to the DMS RMKS screen. (See DMS 009.003).

6

For Title II, input the installment amount via the Record Installment Agreement (DRIN) screen.

For Title XVI, input the installment amount via a G TAC by completing the MSSICS Overpayment Decisions (UOPD) screen and select the RECOVER BY INSTALLMENTS Decision. (See SM 01311.235 and MS BUSSR 004.008.)

7

Diary RECOOP for 15 days after the agreed upon date for the first installment.

8

When the diary matures, check for the payment. If payment shows, take no further action.

9

If payment does not show, call the debtor for a new payment date. If TOP and credit bureau reporting (if applicable) selects the debtor, remind the debtor that we use those collection tools until payment under the agreement begins.

10

Go through steps 7 through 9 until we receive the first payment or make a decision that the debtor will not fulfill the promise to repay. (See GN 02210.217).

11

Consider renegotiation of an existing installment amount when there are missing installments or remittances that are less than the established installment amount. When the debtor misses installments or pays less than the established amount, mention that we will use TOP and credit bureau reporting (if applicable) if the debt meets all criteria (for criteria for the collection tools, see GN 02201.030, GN 02201.031, and GN 02201.032.)

12

If a Title II debtor wants to pay monthly installments via credit card, follow GN 02210.205.

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GN 02205: Liability for Recovery of Title II and Black Lung Overpayments

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GN 022: Overpayments

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

POMS    GN 02210: Methods of Recovery for Title II, Title VIII, Title XVI, and Title XVIII Overpayments (2024)

FAQs

How do I get out of paying Social Security overpayments? ›

If you agree that you have been overpaid, but you feel you should not have to pay it back because you did not cause the overpayment and you cannot afford to repay it, you should file Form SSA-632, Request for Waiver of Overpayment Recovery.

Why is Social Security saying I was overpaid? ›

Benefits are overpaid when we can't accurately calculate your benefit amount because our information is wrong or incomplete. It can happen if you don't share updates with us about what's changed in your life, like your ability to work, living situation, marital status, or income.

What happens if you don't pay back a SSI overpayment? ›

If you no longer receive SSI, we may withhold your overpayment from a Federal Income Tax refund and/or from any future Social Security benefits you may receive. If you become eligible for SSI in the future, we will withhold your overpayment from future SSI payments.

What is the recovery rate for Social Security overpayment? ›

As of March 25, 2024, the agency will collect ten percent (or $10, whichever is greater) of the total monthly Social Security benefit to recover an overpayment, rather than collecting 100 percent as was previous procedure.

How do I get the $16728 Social Security bonus? ›

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

What is a title II overpayment? ›

A legally defined overpayment (LDO) is a payment made to an individual that was more than the amount we should have paid the individual under Title II of the Act.

Can you negotiate Social Security for overpayment? ›

Request that we waive the overpayment if you believe you are not at fault for causing the overpayment and you cannot afford to repay the money back, or it is unfair for some other reason. You can ask for a waiver by submitting a completed SSA-632, Request for Waiver of Overpayment Recovery, to your local office.

How to win a Social Security overpayment appeal? ›

Remember, you must show both that the overpayment was not your fault and that you do not have enough money to pay back the overpayment. Some of the reasons that may show that the overpayment was not your fault are: You have trouble reading. You did not know what you had to report to SSA.

What is a hardship for Social Security garnishment? ›

(3) If Treasury finds financial hardship, to reflect the debtor's financial condition, Treasury will downwardly adjust the amount garnished by an amount and for a period established by the agency. Treasury will notify the employer of any adjustments in the amount to be withheld.

What happens if you have more than $2000 in the bank on SSI? ›

If the value of your resources that we count is over the allowable limit at the beginning of the month, you cannot receive SSI for that month. If you decide to sell the excess resources for what they are worth, you may receive SSI beginning the month after you sell the excess resources.

What is the maximum SSI back payment? ›

Note that there is no back pay maximum, either for SSDI or SSI.

What is the burden of proof for Social Security overpayment? ›

Generally, the burden of proof is on the Social Security Administration to provide a logical explanation of why the overpayment happened and how it was calculated. The request must be filed in writing, within 60 days. The form that should be used is Form SSA-561.

Why are people having to pay back Social Security? ›

An overpayment happens when you receive a higher cash payment from Social Security than what you were owed for that month. It is the difference between the cash payment you received and the amount you were due. If you have been overpaid, you are responsible for paying it back to Social Security.

Does Social Security ever forgive overpayments? ›

If you got a letter in the mail that says you were overpaid and need to pay us back, you can request a waiver. Ask us to waive repayment if you can't afford it and feel the error wasn't your fault, or if you believe the overpayment is unfair for another reason. We may ask to see details about your income and expenses.

What are the new rules for Social Security overpayment? ›

First, as of March 25, the Social Security Administration will no longer take back 100% of Social Security benefits when a claimant doesn't respond to a demand for repayment notice. The default withholding amount will now be 10%.

Can Social Security waive overpayment? ›

If you got a letter in the mail that says you were overpaid and need to pay us back, you can request a waiver. Ask us to waive repayment if you can't afford it and feel the error wasn't your fault, or if you believe the overpayment is unfair for another reason. We may ask to see details about your income and expenses.

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