POMS Reference

GN 02301: Policy and Disposition of Underpayments

TN 3 (09-17)

A. Underpayment notification requirement

Any time we take an action that affects a beneficiary’s payment amount, we must notify them of the change and give the beneficiary their due process rights.

In situations where the system does not have the capability to issue an appropriate or complete automated underpayment notice, we must prepare a manual notice.

B. Underpayment notice instructions

The office adjudicating the underpayment is responsible for preparing the notice. For general policy on post-entitlement notices, see NL 00601.040.

Take the following actions to prepare a manual notice, if applicable:

  • If we are combining the underpayment with any other amount payable to the beneficiary, specify which part of the payment is for the underpayment.

  • If we are denying payment, cite the appropriate basis for not paying the underpayment.

  • Include the correct appeals language since a decision on an underpayment is an initial determination per GN 03101.070 and NL 00601.150.

  • Store the notice in the Online Retrieval System (ORS).

NOTE: Always include the reason for the underpayment in the notice.

C. References