POMS Reference

This change was made on Nov 22, 2017. See latest version.
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GN 02210.214: Debtor Willing to Repay

changes
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  • Effective Dates: 04/09/2013 - Present
  • Effective Dates: 11/22/2017 - Present
  • TN 25 (02-02)
  • TN 32 (11-17)
  • GN 02210.214 Debtor Willing to Repay
  • A. Procedure — Agree to full refund
  • A. Debtor agrees to full refund
  • DCR - When a debtor agrees to repay the full amount of a debt in a lump sum, proceed as follows:
  • 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
  • Step
  • ACTION
  • Action
  • 1
  • Explain that payment is due immediately.
  • 2
  • Advise debtor to:
  • * Make check or money order payable to SSA, and
  • * Include the full debt account number on the check or money order, and
  • 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 during the conversation.
  • MATPSC, P.O. Box 3430, Philadelphia, PA 19122-9985
  • * If the debtor does not have a preaddressed envelope, provide the mailing address: MATPSCP.O. Box 3430Philadelphia, PA 19122-9985
  • 3
  • Follow GN 02210.205 if the debtor is willing to make full refund via credit card.
  • If the debtor is willing to make a full refund via credit card, follow GN 02210.205.
  • 4
  • If debtor indicates future payment, negotiate the earliest date possible. Under no circumstances should the date exceed 6 months in the future. Obtain a Collection Query (see MSOM DMS 014.007 ). If the debtor has been selected for TOP and credit bureau reporting (if applicable), explain that those collection tools will be used if repayment is not received within 60 days after the date of the due process notice. If the 60-day period has expired, explain that the collection tools are already in effect and that immediate full refund could prevent offset and would update the credit report to show a debt balance of zero (for non-BIC “C” title II and title XVI debtors). (See SI 02220.014 for reporting title XVI debts to credit bureaus.)
  • If a debtor indicates future payment, negotiate the earliest date possible. Under no circumstance, 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 6 months in the future, negotiate an installment agreement and follow GN 02210.214B.
  • 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 6 months in the future, and if the debtor has been selected for TOP and credit bureau reporting (if applicable), explain that those collection tools will be used if repayment is not received within 60 days after the date of the due process notice. If the 60-day period has expired, explain that the collection tools are already in effect and that immediate full refund could prevent offset and would update the credit report to show a debt balance of zero (for non-BIC “C” title II and title XVI debtors.) (See SI 02220.014 for reporting title XVI debts to credit bureaus.)
  • 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
  • If there is no record of the refund when the diary matures, call the debtor again. If the debtor has been selected for TOP and credit bureau reporting (if applicable), remind the debtor that those collection tools could be used. Request full refund. If necessary, negotiate an installment amount and follow GN 02210.214B.
  • 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. Procedure — Agrees to installment payment
  • B. Debtor agrees to installment payment
  • DCR - When a debtor agrees to repay by installments, proceed as follows:
  • When a debtor in non-pay status agrees to repay by installments, follow the steps in this chart.
  • STEP
  • Step
  • ACTION
  • Action
  • 1
  • Negotiate an installment amount that would liquidate the debt within 12 months.
  • Negotiate an installment amount that liquidates the debt within 12 months.
  • 2
  • If unsuccessful, negotiate a rate that would permit recovery within 36 months.
  • If unsuccessful, negotiate a rate that permits recovery within 36 months.
  • 3
  • If not possible, negotiate the highest installment amount. The installment amount should bear reasonable relationship to the amount owed but should not be less than $10.00 per month for both title II and title XVI debts.
  • 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 an amount is agreed to:
  • * Negotiate the due date for the payment. If the debtor has already been referred for TOP and credit bureau reporting, explain that those collection tools will remain in effect until the first installment payment is received and that failure to continue to pay could reactivate the collection tools. If the debtor has been selected for TOP and credit bureau reporting (if applicable) but not yet referred, explain that payment must be received within 60 days of the date of the due process notice, or the collection tools will be used.
  • * Advise the debtor to make the payment by check or money order payable to “Social Security Administration,” and
  • * Show the full debt account number on the check or money order, and
  • 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 during the conversation.
  • MATPSC, P.O. Box 3430, Philadelphia, PA 19122-9985.
  • * If the debtor does not have a preaddressed envelope, provide the mailing address:MATPSCP.O. Box 3430Philadelphia, PA 19122-9985
  • 5
  • Record the results of the conversation to the DMS RMKS screen.
  • Record the results of the conversation to the DMS RMKS screen. (See DMS 009.003).
  • 6
  • Input the installment amount to the Record Installment Agreement (DRIN) screen for title II or post a G TAC to the SSR for title XVI by completing the MSSICS Overpayment Decisions (UOPD) screen and selecting the RECOVER BY INSTALLMENTS Decision. (See SM 01311.235 and MSOM BUSSR 004.008 .)
  • 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 is shown, take no further action.
  • When the diary matures, check for the payment. If payment shows, take no further action.
  • 9
  • If payment is not shown, call the debtor for a new payment date. If the debtor has been selected for TOP and credit bureau reporting (if applicable), remind the debtor that those collection tools could be used until payment under the agreement has begun.
  • 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 - 9 until the first payment is received or a decision is made that the promise to repay will not be fulfilled. (See GN 02210.217).
  • 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 whenever there are missing installments or remittances that are less than the established installment amount. Whenever the debtor misses installments or pays less than the established amount, mention that SSA can use TOP and credit bureau reporting (if applicable) if all criteria are met (see GN 02201.030, GN 02201.031 and GN 02201.032 for criteria for the collection tools.)
  • 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
  • Follow GN 02210.205 if a title II debtor wants to pay monthly installments via credit card.
  • If a Title II debtor wants to pay monthly installments via credit card, follow GN 02210.205.