POMS Reference

GN 02210: Methods of Recovery for Title II, Title VIII, Title XVI, and Title XVIII Overpayments - Part I

Audience:

DO/BO/TSC:
CR, CR TII, CR TXVI, DRT, FR, OA, OS, RR, SR
OCO-ODO-IND:
BA, CA, EHI, ISTA, LCC, LSC, RCOVTA, RECONR, RECOVR
OCO-ODO-SHARE:
CCE, IS, RC
OCO-OIO:
BA, CATA, EIE, FCR, RECONE, RECOVR
PSC:
BA, CCRE, CRTA, CS, DCR, DS, IES, ILPDS, IPDS, LDCR, PETE, RECONR

TN 16 (04-90)

Citations:

Section 204(a) of the Social Security Act

Policy

1. How Adjustment is Accomplished

The adjustment of benefits to recover an overpayment is accomplished by withholding benefits payable to:

  • The overpaid individual, including a representative payee who received an overpayment on behalf of a beneficiary on any earnings record (GN 02205.001, GN 02205.005 and GN 02205.007);

  • The representative payee who misused funds (GN 00604.061); or

  • Any other person receiving benefits on the same earnings record on which the overpayment occurred.

2. What is Withheld

The following payment or benefits are withheld:

  • Current and prospective monthly benefits.

  • An underpayment.

  • A lump-sum death payment (LSDP).

  • Any misused funds to be reissued to an overpaid individual.