1905. Written Notice of Overpayments

1905.1 How are individuals notified of overpayments?

When we decide an overpayment has been made, we send a written notice to the overpaid individual (and/or the representative payee, if any, and the legal representative, if any).

1905.2 What information is in the notice?

If you receive an overpayment notification, you will find the following information:

1. The amount overpaid, including correct and incorrect amounts for each month in the overpayment period;

2. How and when the overpayment occurred;

3. Your right to appeal (to request reconsideration of) the overpayment determination (see Chapter 20);

4. Action required by you:

   1. For RSDI or black lung benefits: a request for full, immediate refund, unless the overpayment can be withheld from the next month's benefit, and the proposed adjustment (see §1909) if adjustment is available. Adjustment action is effective with the second month following the date of the notice unless full refund or a request for reconsideration, waiver, or a different rate of adjustment is received within 30 days. (See §1910, §1914, and §2004.)

   2. For SSI payments: a request for full, immediate refund, and the proposed rate of adjustment if payment continues. Adjustment begins with the first month occurring 60 days after the date of the overpayment notice, unless a full refund or request for reconsideration, waiver, or a different rate of adjustment is received within 30 days;

5. Your right to request waiver of recovery of the overpayment (see §1914);

6. In the case of overpaid RSDI, the automatic scheduling of a personal conference if the waiver request cannot be approved;

7. The availability of:

   1. A different rate of adjustment when full withholding of RSDI benefits is proposed, or for SSI payments, a different rate of adjustment;

   2. Installment payment when adjustment is not currently available;

   3. Availability of cross program recovery when you are receiving benefits under more than one SSA program (e.g., retirement benefits, or SSI payments, or disability benefits).

8. Mandatory cross program recovery when you are no longer receiving SSI payments but are receiving benefits under another SSA program (e.g., retirement benefits, or disability benefits);

9. The need to notify a Social Security office promptly if you want reconsideration, waiver, a lesser rate of adjustment, or to repay by installments or cross-program adjustment; and

10. The appropriate penalty notification, if applicable.

Last Revised: Jan. 20, 2006