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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 20:20:2.0.1.1.11.1.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | A | Subpart A—Organization and Functions of the Social Security Administration | § 422.1 Organization and functions. | SSA | [34 FR 435, Jan. 11, 1969, as amended at 62 FR 38456, July 18, 1997] | (a) General. A complete description of the organization and functions of the Social Security Administration (pursuant to 5 U.S.C. 552(a), as amended by Pub. L. 90-23, the Public Information Act) was published in the Federal Register of July 15, 1967 (32 FR 10458), and was subsequently revised on April 16, 1968 (33 FR 5828), and amended on July 18, 1968 (33 FR 10292). Further amendments to or revisions of the description will be published in the Federal Register when and if required by changes in the organization or functions of the Social Security Administration. Such description (referred to as the SSA Statement of Organization, Functions, and Delegations of Authority) is printed and kept up to date in the Social Security Administration Organizational Manual, a copy of which is maintained in each district office and branch office of the Social Security Administration and is available for inspection and copying. (b) Information included in description. This description includes information about the organization and functions of each component of the Social Security Administration. It also includes a listing of all district offices and branch offices within the organization of the Bureau of District Office Operations, and a listing of field offices within the organization of the Bureau of Hearings and Appeals where the public may secure information, make submittals or requests, or obtain decisions. | ||||
| 20:20:2.0.1.1.11.1.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | A | Subpart A—Organization and Functions of the Social Security Administration | § 422.5 District offices and branch offices. | SSA | There are over 700 social security district offices and branch offices located in the principal cities and other urban areas or towns of the United States. In addition, there are over 3,300 contact stations, located in population and trading centers, which are visited on a regularly, recurring, preannounced basis. A schedule of these visits can be obtained from the nearest district office or branch office. The address of the nearest district office or branch office can be obtained from the local telephone directory or from the post office. Each district office and branch office has a list of all district offices and branch offices throughout the country and their addresses. The principal officer in each district office is the manager. The principal officer in each branch office is the officer-in-charge. Each district office and branch office also has a list of field offices of the Bureau of Hearings and Appeals and their addresses. The administrative hearing examiner is the principal officer in each field office. For procedures relating to claims see § 422.130, subpart J of part 404 of this chapter, and § 404.1520 of this chapter (the latter relating to disability determinations). For procedures on request for hearing by an Administrative Law Judge and review by the Appeals Council see subpart C of this part 422. | |||||
| 20:20:2.0.1.1.11.10.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | J | Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness | § 422.901 Scope and purpose. | SSA | The regulations in this subpart describe the process we will follow when we decide whether to ban you from entering our offices. Due to increasing reports of threats to our personnel and the public, we are taking steps to increase the level of protection we provide to our personnel and to the public. The purpose of this subpart is to inform the public and our personnel of the conduct that will subject an individual to a ban and the procedures we will follow when banning an individual from entering our offices. We expect that the regulations will result in a safer environment for our personnel and the public who visit our facilities, while ensuring that our personnel can continue to serve the American people with as little disruption to our operations as possible. | |||||
| 20:20:2.0.1.1.11.10.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | J | Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness | § 422.902 Definition of personnel for purposes of this subpart. | SSA | We will construe the term “personnel” broadly to mean persons responsible for or engaged in carrying out the responsibilities, programs, or services of or on behalf of the agency. Personnel includes, but is not limited to, our employees, contractors, consultants, and examiners and State disability determination services (DDS) employees, contractors, consultants, and examiners. | |||||
| 20:20:2.0.1.1.11.10.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | J | Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness | § 422.903 Prohibited conduct. | SSA | We will ban you from entering our offices if you: (a) Physically or verbally assault our personnel or a member of the public in our occupied space; (b) Use force or threats of force against our personnel or offices, including but not limited to communicating threats in person or by phone, facsimile, mail, or electronic mail; (c) Engage in disruptive conduct that impedes our personnel from performing their duties; or (d) Engage in disruptive conduct that impedes members of the public from obtaining services from our personnel. | |||||
| 20:20:2.0.1.1.11.10.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | J | Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness | § 422.904 Notice of the ban. | SSA | If an agency manager makes a decision in writing that you pose a threat to the safety of our personnel, visitors, office, or the operational effectiveness of the agency, we will send you a notice banning you from our offices. The notice will contain the following information: (a) Type of restriction. If we ban you from entering our offices, the ban will apply to all of our offices, and you must obtain all future service through alternate means. We will provide you in-person service only if you establish that there are no alternate means available. You must direct your request for in-person service to the manager of the office you are requesting to visit. If we determine that an office visit is warranted, we will schedule an appointment for you and send you a certified letter notifying you of the date, time, and location of the appointment. (b) Prohibited conduct. We will provide you with specific details of the prohibited conduct that served as the basis for our decision to ban you. (c) Alternate means of service. If you are banned from entering our offices, you still have several means to receive services: (1) You may use the online services available through our Web site at http://www.socialsecurity.gov; (2) You may call your local office. Your notice will include the contact information for your local office. You should ask to speak with the office manager or a supervisor; (3) You may call our national toll-free number at 1-800-772-1213 between the hours of 7 a.m. and 7 p.m., Monday through Friday. You should not attempt to schedule an in-person appointment through this number. If you are deaf or hard of hearing, you may call our toll-free TTY number at 1-800-325-0778; (4) You may write to your local office. You should address all correspondence to the attention of the office manager; (5) With your written consent, another person may call, write, or visit us to conduct business on your behalf. (d) Appeal rights. The notice will provide you with information on how to appeal the ban. (e) Peri… | |||||
| 20:20:2.0.1.1.11.10.483.5 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | J | Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness | § 422.905 Appeal rights. | SSA | You may appeal our decision to ban you. You must submit your appeal in writing to the address identified in the notice within 60 days of the date of the notice. You should identify your name, address, Social Security number, and the office that issued the notice of the ban. The appeal should clearly state why we should reconsider our decision and provide any supporting documentation. We may allow an additional 10 days for the late filing of an appeal if you show good cause for the late filing. The ban will remain in effect while the appeal is pending. We will notify you of our decision in writing. | |||||
| 20:20:2.0.1.1.11.10.483.6 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | J | Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness | § 422.906 Periodic request for review of ban decision. | SSA | You may request review of our ban decision every three years. The three-year cycle to request review will begin on the date we issued notice of the ban, or if you appealed, the date of our appeal decision. You must submit your request for review of a ban decision in writing to the address identified in the original notice of the ban. Your request for review should identify your name, address, Social Security number, and office that issued the notice of the ban. Your request should clearly state why we should lift the ban and provide relevant documentation that supports removal of the restriction, including medical documentation, applicable psychiatric evaluations, work history, and any criminal record. You must prove by a preponderance of the evidence (meaning that it is more likely than not) that you no longer pose a threat to the safety of our personnel or visitors or the operational effectiveness of the agency. We will notify you of our decision in writing. | |||||
| 20:20:2.0.1.1.11.10.483.7 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | J | Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness | § 422.907 Posting requirement. | SSA | We will post the regulation in this subpart in a conspicuous place in our offices that serve the public. | |||||
| 20:20:2.0.1.1.11.2.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.101 Material included in this subpart. | SSA | This subpart describes the procedures relating to applications for and assignment of social security numbers, maintenance of earnings records of individuals by the Social Security Administration, requests for statements of earnings or for revision of earnings records, and general claims procedures, including filing of applications, submission of evidence, determinations, and reconsideration of initial determinations. | |||||
| 20:20:2.0.1.1.11.2.483.10 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.114 Annual wage reporting process. | SSA | [60 FR 42433, Aug. 16, 1995] | (a) General. Under the authority of section 232 of the Act, SSA and IRS have entered into an agreement that sets forth the manner by which SSA and IRS will ensure that the processing of employee wage reports is effective and efficient. Under this agreement, employers are instructed by IRS to file annual wage reports with SSA on paper Forms W-2, “Wage and Tax Statement,” and Forms W-3, “Transmittal of Income and Tax Statements,” or equivalent W-2 and W-3 magnetic media reports. Special versions of these forms for Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands are also filed with SSA. SSA processes all wage reporting forms for updating to SSA's earnings records and IRS tax records, identifies employer reporting errors and untimely filed forms for IRS penalty assessment action, and takes action to correct any reporting errors identified, except as provided in paragraph (c) of this section. SSA also processes Forms W-3c, “Transmittal of Corrected Income Tax Statements,” and W-2c, “Statement of Corrected Income and Tax Amounts” (and their magnetic media equivalents) that employers are required to file with SSA when certain previous reporting errors are discovered. (b) Magnetic media reporting requirements. Under IRS regulations at 26 CFR 301.6011-2, employers who file 250 or more W-2 wage reports per year must file them on magnetic media in accordance with requirements provided in SSA publications, unless IRS grants the employer a waiver. Basic SSA requirements are set out in SSA's Technical Instruction Bulletin No. 4, “Magnetic Media Reporting.” Special filing requirements for U.S. territorial employers are set out in SSA Technical Instruction Bulletins No. 5 (Puerto Rico), No. 6 (Virgin Islands), and No. 7 (Guam and American Samoa). At the end of each year, SSA mails these technical instructions to employers (or third parties who file wage reports on their behalf) for their use in filing wage reports for that year. (c) Processing late and incorrect … | ||||
| 20:20:2.0.1.1.11.2.483.11 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.120 Earnings reported without a social security number or with an incorrect employee name or social security number. | SSA | [60 FR 42434, Aug. 16, 1995] | (a) Correcting an earnings report. If an employer reports an employee's wages to SSA without the employee's social security number or with a different employee name or social security number than shown in SSA's records for him or her, SSA will write to the employee at the address shown on the wage report and request the missing or corrected information. If the wage report does not show the employee's address or shows an incomplete address, SSA will write to the employer and request the missing or corrected employee information. SSA notifies IRS of all wage reports filed without employee social security numbers so that IRS can decide whether to assess penalties for erroneous filing, pursuant to section 6721 of the Internal Revenue Code. If an individual reports self-employment income to IRS without a social security number or with a different name or social security number than shown in SSA's records, SSA will write to the individual and request the missing or corrected information. If the employer, employee, or self-employed individual does not provide the missing or corrected report information in response to SSA's request, the wages or self-employment income cannot be identified and credited to the proper individual's earnings records. In such cases, the information is maintained in a “Suspense File” of uncredited earnings. Subsequently, if identifying information is provided to SSA for an individual whose report is recorded in the Suspense File, the wages or self-employment income then may be credited to his or her earnings record. (b) Returning incorrect reports. SSA may return to the filer, unprocessed, an employer's annual wage report submittal if 90 percent or more of the wage reports in that submittal are unidentified or incorrectly identified. In such instances, SSA will advise the filer to return corrected wage reports within 45 days to avoid any possible IRS penalty assessment for failing to file correct reports timely with SSA. (See also § 422.114(c).) Upon request, SSA may grant the employer a 1… | ||||
| 20:20:2.0.1.1.11.2.483.12 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.122 Information on deferred vested pension benefits. | SSA | [60 FR 42434, Aug. 16, 1995] | (a) Claimants for benefits. Each month, SSA checks the name and social security number of each new claimant for social security benefits or for hospital insurance coverage to see whether the claimant is listed in SSA's electronic pension benefit record. This record contains information received from IRS on individuals for whom private pension plan administrators have reported to IRS, as required by section 6057 of the Internal Revenue Code, as possibly having a right to future retirement benefits under the plan. SSA sends a notice to each new claimant for whom it has pension benefit information, as required by section 1131 of the Act. If the claimant filed for the lump-sum death payment on the social security account of a relative, SSA sends the claimant the pension information on the deceased individual. In either case, SSA sends the notice after it has made a decision on the claim for benefits. The notice shows the type, payment frequency, and amount of pension benefit, as well as the name and address of the plan administrator as reported to the IRS. This information can then be used by the claimant to claim any pension benefits still due from the pension plan. (b) Requesting deferred vested pension benefit information from SSA files. Section 1131 of the Act also requires SSA to provide available pension benefit information on request. SSA will provide this pension benefit information only to the individual who has the pension coverage (or a legal guardian or parent, in the case of a minor, on the individual's behalf). However, if the individual is deceased, the information may be provided to someone who would be eligible for any underpayment of benefits that might be due the individual under section 204(d) of the Act. All requests for such information must be in writing and should contain the following information: the individual's name, social security number, date of birth, and any information the requestor may have concerning the name of the pension plan involved and the month and year coverage under t… | ||||
| 20:20:2.0.1.1.11.2.483.13 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.125 Statements of earnings; resolving earnings discrepancies. | SSA | [32 FR 13653, Sept. 29, 1967, as amended at 35 FR 7891, May 22, 1970; 35 FR 8426, May 29, 1970; 39 FR 26721, July 23, 1974; 41 FR 50998, Nov. 19, 1976; 50 FR 28568, July 15, 1985; 57 FR 54919, Nov. 23, 1992; 61 FR 18078, Apr. 24, 1996; 65 FR 16816, Mar. 30, 2000] | (a) Obtaining a statement of earnings and estimated benefits. An individual may obtain a statement of the earnings on his earnings record and an estimate of social security benefits potentially payable on his record either by writing, calling, or visiting any social security office, or by waiting until we send him one under the procedure described in § 404.812 of this chapter. An individual may request this statement by completing the proper form or by otherwise providing the information the Social Security Administration requires, as explained in § 404.810(b) of this chapter. (b) Statement of earnings and estimated benefits. Upon receipt of such a request or as required by section 1143(c) of the Social Security Act, the Social Security Administration will provide the individual, without charge, a statement of earnings and benefit estimates or an earnings statement. See §§ 404.811 through 404.812 of this chapter concerning the information contained in these statements. (c) Detailed earnings statements. A more detailed earnings statement will be furnished upon request, generally without charge, where the request is program related under § 402.170 of this part. If the request for a more detailed statement is not program related under § 402.170 of this part, a charge will be imposed according to the guidelines set out in § 402.175 of this part. (d) Request for revision of earnings records. If an individual disagrees with a statement of earnings credited to his social security account, he may request a revision by writing to the Bureau of Data Processing and Accounts, Social Security Administration, Baltimore, MD 21235, or by calling at or writing to any social security district office or branch office or, if the individual is in the Philippines, by calling at or writing to the Veterans' Administration Regional Office, Manila, Philippines. Upon receipt of a request for revision, the Social Security Administration will initiate an investigation of the individual's record of earnings. Form OAR-7008, “Stateme… | ||||
| 20:20:2.0.1.1.11.2.483.14 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.130 Claim procedure. | SSA | [32 FR 13653, Sept. 29, 1967, as amended at 44 FR 34942, June 18, 1979; 65 FR 16816, Mar. 30, 2000; 71 FR 16461, Mar. 31, 2006; 73 FR 76945, Dec. 18, 2008; 76 FR 24812, May 3, 2011] | (a) General. The Social Security Administration provides facilities for the public to file claims and to obtain assistance in completing them. An appropriate application form and related forms for use in filing a claim for monthly benefits, the establishment of a period of disability, a lump-sum death payment, or entitlement to hospital insurance benefits or supplementary medical insurance benefits can be obtained from any district office, branch office, contact station, or resident station of the Social Security Administration, from the Division of Foreign Claims, Post Office Box 1756, Baltimore, MD 21203, or from the Veteran's Administration Regional Office, Manila, Philippines. See § 404.614 of this chapter for offices at which applications may be filed. See 42 CFR part 405, subpart A, for conditions of entitlement to hospital insurance benefits and 42 CFR part 405, subpart B, for information relating to enrollment under the supplementary medical insurance benefits program. (b) Submission of evidence. An individual who files an application for monthly benefits, the establishment of a period of disability, a lump-sum death payment, or entitlement to hospital insurance benefits or supplementary medical insurance benefits, either on his own behalf or on behalf of another, must establish by satisfactory evidence the material allegations in his application, except as to earnings shown in the Social Security Administration's records ( see subpart H of part 404 of this chapter for evidence requirements in nondisability cases and subpart P of part 404 of this chapter for evidence requirements in disability cases). Instructions, report forms, and forms for the various proofs necessary are available to the public in district offices, branch offices, contact stations, and resident stations of the Social Security Administration, and the Veteran's Administration Regional Office, Manila, Philippines. These offices assist individuals in preparing their applications and in obtaining the proofs required in support of the… | ||||
| 20:20:2.0.1.1.11.2.483.15 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.135 Reports by beneficiaries. | SSA | [32 FR 13653, Sept. 29, 1967, as amended at 65 FR 16816, Mar. 30, 2000] | (a) A recipient of monthly benefits and a person for whom a period of disability has been established are obligated to report to the Social Security Administration the occurrence of certain events which may suspend or terminate benefits or which may cause a cessation of a period of disability. (See §§ 404.415 et seq. and 404.1571 of this chapter.) (b) A person who files an application for benefits receives oral and written instructions about events which may cause a suspension or termination, and also appropriate forms and instruction cards for reporting such events. Pursuant to section 203(h)(1)(A) of the Act, under certain conditions a beneficiary must, within 3 months and 15 days after the close of a taxable year, submit to the Social Security Administration and annual report of his earnings and of any substantial services in self-employment performed during such taxable year. The purpose of the annual report is to furnish the Social Security Administration with information for making final adjustments in the payment of benefits for that year. An individual may also be requested to submit other reports to the Social Security Administration from time to time. | ||||
| 20:20:2.0.1.1.11.2.483.16 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.140 Reconsideration of initial determination. | SSA | [76 FR 24812, May 3, 2011] | If you are dissatisfied with an initial determination with respect to entitlement to monthly benefits, a lump-sum death payment, a period of disability, a revision of an earnings record, with respect to any other right under title II of the Social Security Act, or with respect to entitlement to hospital insurance benefits or supplementary medical insurance benefits, you may request that we reconsider the initial determination. The information in § 404.1503 of this chapter as to the respective roles of State agencies and the Social Security Administration in making disability determinations is also generally applicable to the reconsideration of initial determinations involving disability. However, in cases in which a disability hearing as described in §§ 404.914 through 404.918 and §§ 416.1414 through 416.1418 of this chapter is available, the reconsidered determination may be issued by a disability hearing officer or the Associate Commissioner for Disability Programs or his or her delegate. After the initial determination has been reconsidered, we will mail you written notice and inform you of your right to a hearing before an administrative law judge ( see § 422.201). | ||||
| 20:20:2.0.1.1.11.2.483.17 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.150 Guidelines for establishing and maintaining an information exchange with payroll data providers. | SSA | [89 FR 107261, Dec. 31, 2024] | (a) Guidelines for establishing an information exchange with payroll data providers. In establishing an information exchange under section 1184 of the Social Security Act, we will do the following: (1) Identify the payroll data providers (as defined in §§ 404.702 and 416.702 of this chapter) that may be interested in participating in an information exchange with us. (2) Review the payroll data providers and consider factors such as: whether a payroll data provider is able and willing to engage in an information exchange; what data the payroll data provider could provide; whether the data from the payroll data provider is sufficiently accurate, complete, and up to date; and any conditions and limitations associated with our receipt of the data. (3) Consistent with applicable law and regulations, establish an information exchange with the selected payroll data provider. The arrangement between us and the selected payroll data provider will describe: (i) The records that will be matched; (ii) The procedures for the match; (iii) Any requirements established related to accuracy, completeness, and up-to-date records; (iv) The procedures for ensuring the administrative, technical, and physical security of the records matched; and (v) Such other provisions as are necessary. (4) Prior to receiving payroll data provider information, publish a notice in the Federal Register that describes the information exchange and the extent to which the information received through such exchange is: (i) Relevant and necessary to: (A) Accurately determine initial and ongoing entitlement to, and the amount of, disability benefits under title II of the Social Security Act; (B) Accurately determine eligibility for, and the amount of, benefits under the Supplemental Security Income program under title XVI of the Social Security Act; and (C) Prevent improper payments of such benefits; and (ii) Sufficiently accurate, up to date, and complete. (b) Guidelines for maintaining an information exchange with payroll data providers… | ||||
| 20:20:2.0.1.1.11.2.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.103 Social security numbers. | SSA | [55 FR 46664, Nov. 6, 1990, as amended at 63 FR 56554, Oct. 22, 1998; 69 FR 55076, Sept. 13, 2004; 70 FR 74651, Dec. 16, 2005; 71 FR 43056, July 31, 2006; 80 FR 47833, Aug. 10, 2015] | (a) General. The Social Security Administration (SSA) maintains a record of the earnings reported for each individual assigned a social security number. The individual's name and social security number identify the record so that the wages or self-employment income reported for or by the individual can be properly posted to the individual's record. Additional procedures concerning social security numbers may be found in Internal Revenue Service, Department of the Treasury regulation 26 CFR 31.6011(b)-2. (b) Applying for a number —(1) Application. An individual needing a Social Security number may apply for one by completing a prescribed application and submitting the required evidence. An individual outside the United States (U.S.) may apply for a Social Security number card at the Department of Veterans Affairs Regional Office, Manila, Philippines, at any U.S. Foreign Service post, or at a U.S. military post outside the United States. (See § 422.106 for special procedures for filing applications with other government agencies.) Additionally, a U.S. resident may apply for a Social Security number for a nonresident dependent when the number is necessary for U.S. tax purposes or some other valid reason, the evidence requirements of § 422.107 are met, and we determine that a personal interview with the dependent is not required. (2) Birth registration document. We may enter into an agreement with officials of a State, including, for this purpose, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and New York City, to establish, as part of the official birth registration process, a procedure to assist us in assigning Social Security numbers to newborn children. Where an agreement is in effect, a parent, as part of the official birth registration process, need not complete a prescribed application and may request that we assign a Social Security number to the newborn child. (3) Immigration form. We may enter into an agreement with the Department of State (DOS) and the Department of Home… | ||||
| 20:20:2.0.1.1.11.2.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.104 Who can be assigned a social security number. | SSA | [68 FR 55308, Sept. 25, 2003] | (a) Persons eligible for SSN assignment. We can assign you a social security number if you meet the evidence requirements in § 422.107 and you are: (1) A United States citizen; or (2) An alien lawfully admitted to the United States for permanent residence or under other authority of law permitting you to work in the United States (§ 422.105 describes how we determine if a nonimmigrant alien is permitted to work in the United States); or (3) An alien who cannot provide evidence of alien status showing lawful admission to the U.S., or an alien with evidence of lawful admission but without authority to work in the U.S., if the evidence described in § 422.107(e) does not exist, but only for a valid nonwork reason. We consider you to have a valid nonwork reason if: (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.; or (ii) You need a social security number to satisfy a State or local law that requires you to have a social security number in order to receive public assistance benefits to which you have otherwise established entitlement, and you are legally in the United States. (b) Annotation for a nonwork purpose. If we assign you a social security number as an alien for a nonwork purpose, we will indicate in our records that you are not authorized to work. We will also mark your social security card with a legend such as “NOT VALID FOR EMPLOYMENT.” If earnings are reported to us on your number, we will inform the Department of Homeland Security of the reported earnings. | ||||
| 20:20:2.0.1.1.11.2.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.105 Presumption of authority of nonimmigrant alien to engage in employment. | SSA | [69 FR 55075, Sept. 13, 2004] | (a) General rule. Except as provided in paragraph (b) of this section, if you are a nonimmigrant alien, we will presume that you have permission to engage in employment if you present a Form I-94 issued by the Department of Homeland Security that reflects a classification permitting work. ( See 8 CFR 274a.12 for Form I-94 classifications.) If you have not been issued a Form I-94, or if your Form I-94 does not reflect a classification permitting work, you must submit a current document authorized by the Department of Homeland Security that verifies authorization to work has been granted e.g., an employment authorization document, to enable SSA to issue an SSN card that is valid for work. ( See 8 CFR 274a.12(c)(3).) (b) Exception to presumption for foreign academic students in immigration classification F-1. If you are an F-1 student and do not have a separate DHS employment authorization document as described in paragraph (a) of this section and you are not authorized for curricular practical training (CPT) as shown on your Student and Exchange Visitor Information System (SEVIS) Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, we will not presume you have authority to engage in employment without additional evidence. Before we will assign an SSN to you that is valid for work, you must give us proof (as explained in § 422.107(e)(2)) that: (1) You have authorization from your school to engage in employment, and (2) You are engaging in, or have secured, employment. | ||||
| 20:20:2.0.1.1.11.2.483.5 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.106 Filing applications with other government agencies. | SSA | [55 FR 46665, Nov. 6, 1990, as amended at 63 FR 56555, Oct. 22, 1998] | (a) Agreements. In carrying out its responsibilities to assign social security numbers, SSA enters into agreements with the United States Attorney General, other Federal officials, and State and local welfare agencies. An example of these agreements is discussed in paragraph (b) of this section. (b) States. SSA and a State may enter into an agreement that authorizes employees of a State or one of its subdivisions to accept social security number card applications from some individuals who apply for or are receiving welfare benefits under a State-administered Federal program. Under such an agreement, a State employee is also authorized to certify the application to show that he or she has reviewed the required evidence of the applicant's age, identity, and U.S. citizenship. The employee is also authorized to obtain evidence to assist SSA in determining whether the applicant has previously been assigned a number. The employee will then send the application to SSA which will issue a social security number card. | ||||
| 20:20:2.0.1.1.11.2.483.6 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.107 Evidence requirements. | SSA | [55 FR 46665, Nov. 6, 1990, as amended at 60 FR 32446, June 22, 1995; 62 FR 38456, July 18, 1997; 63 FR 56555, Oct. 22, 1998; 68 FR 55308, Sept. 25, 2003; 69 FR 55076, Sept. 13, 2004; 70 FR 74651, Dec. 16, 2005; 80 FR 47834, Aug. 10, 2015] | (a) General. To obtain an original Social Security number card, you must submit convincing evidence of your age, U.S. citizenship or alien status, and true identity, as described in paragraphs (b) through (e) of this section. If you apply for a replacement Social Security number card, you must submit convincing evidence of your true identity, as described in paragraph (c) of this section, and you may also be required to submit convincing evidence of your age and U.S. citizenship or alien status, as described in paragraphs (b), (d), and (e) of this section. If you apply for an original or replacement Social Security number card, you are also required to submit evidence to assist us in determining the existence and identity of any previously assigned Social Security number(s). We will not assign a Social Security number or issue an original or replacement card unless we determine that you meet all of the evidence requirements. We require an in-person interview if you are age 12 or older and are applying for an original Social Security number, unless you are an alien who requests a Social Security number as part of the immigration process described in § 422.103(b)(3). We may require an in-person interview of other applicants. All paper or other tangible documents submitted as evidence must be originals or copies of the original documents certified by the custodians of the original records and are subject to verification. We may also verify your eligibility factors, as described in paragraphs (b) through (e) of this section, through other means, including but not limited to data matches or other agreements with government agencies or other entities that we determine can provide us with appropriate and secure verification of your eligibility factors. (b) Evidence of age. An applicant for an original social security number is required to submit convincing evidence of age. An applicant for a replacement social security number card may also be required to submit evidence of age. Examples of the types of evidence whi… | ||||
| 20:20:2.0.1.1.11.2.483.7 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.108 Criminal penalties. | SSA | [39 FR 10242, Mar. 19, 1974] | A person may be subject to criminal penalties for furnishing false information in connection with earnings records or for wrongful use or misrepresentation in connection with social security numbers, pursuant to section 208 of the Social Security Act and sections of title 18 U.S.C. (42 U.S.C. 408; 18 U.S.C. 1001 and 1546). | ||||
| 20:20:2.0.1.1.11.2.483.8 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.110 Individual's request for change in record. | SSA | [71 FR 43056, July 31, 2006, as amended at 80 FR 47834, Aug. 10, 2015] | (a) Application. If you wish to change the name or other personal identifying information you previously submitted in connection with an application for a Social Security number card, you must complete a prescribed application, except as provided in paragraph (b) of this section. You must prove your identity, and you may be required to provide other evidence. (See § 422.107 for evidence requirements.) You may complete a request for change in records in the manner we designate, including at any Social Security office, or, if you are outside the U.S., to the Department of Veterans Affairs Regional Office, Manila, Philippines, or to any U.S. Foreign Service post or U.S. military post. If your request is for a change of name on the card (that is, verified legal changes to the first name or surname, or both), we may issue you a replacement Social Security number card bearing the same number and the new name. We will grant an exception to the limitations specified in § 422.103(e)(2) for replacement Social Security number cards representing a change in name or, if you are an alien, a change to a restrictive legend shown on the card. (See § 422.103(e)(3) for the definition of a change to a restrictive legend.) (b) Assisting in enumeration. We may enter into an agreement with officials of the Department of State and the Department of Homeland Security to assist us by collecting, as part of the immigration process, information to change the name or other personal identifying information you previously submitted in connection with an application or request for a social security number card. If your request is to change a name on the card ( i.e. , verified legal changes to the first name and/or surname) or to correct the restrictive legend on the card to reflect a change in alien status, we may issue you a replacement card bearing the same number and the new name or legend. We will grant an exception from the limitations specified in § 422.103(e)(2) for replacement social security number cards representing a change of n… | ||||
| 20:20:2.0.1.1.11.2.483.9 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | B | Subpart B—General Procedures | § 422.112 Employer identification numbers. | SSA | [60 FR 42433, Aug. 16, 1995, as amended at 64 FR 33016, June 21, 1999] | (a) General. Most employers are required by section 6109 of the Internal Revenue Code and by Internal Revenue Service (IRS) regulations at 26 CFR 31.6011(b)-1 to obtain an employer identification number (EIN) and to include it on wage reports filed with SSA. A sole proprietor who does not pay wages to one or more employees or who is not required to file any pension or excise tax return is not subject to this requirement. To apply for an EIN, employers file Form SS-4, “Application for Employer Identification Number,” with the IRS. For the convenience of employers, Form SS-4 is available at all SSA and IRS offices. Household employers, agricultural employers, and domestic corporations which elect social security coverage for employees of foreign subsidiaries who are citizens or residents of the U.S. may be assigned an EIN by IRS without filing an SS-4. (b) State and local governments. When a State submits a modification to its agreement under section 218 of the Act, which extends coverage to periods prior to 1987, SSA will assign a special identification number to each political subdivision included in that modification. SSA will send the State a Form SSA-214-CD, “Notice of Identifying Number,” to inform the State of the special identification number(s). The special number will be used for reporting the pre-1987 wages to SSA. The special number will also be assigned to an interstate instrumentality if pre-1987 coverage is obtained and SSA will send a Form SSA-214-CD to the interstate instrumentality to notify it of the number assigned. | ||||
| 20:20:2.0.1.1.11.3.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | C | Subpart C—Hearings, Appeals Council Review, and Judicial Review Procedures | § 422.201 Material included in this subpart. | SSA | [41 FR 53791, Dec. 9, 1976, as amended at 44 FR 34942, June 18, 1979; 54 FR 4268, Jan. 30, 1989; 71 FR 16462, Mar. 31, 2006; 76 FR 24812, May 3, 2011; 85 FR 73161, Nov. 16, 2020] | This subpart describes in general the procedures relating to hearings, review by the Appeals Council of the hearing decision or dismissal, and court review in cases decided under the procedures in parts 404, 408, 410, and 416 of this chapter. It also describes the procedures for requesting a hearing or Appeals Council review, and for instituting a civil action for court review of cases decided under these parts. For detailed provisions relating to hearings, review by the Appeals Council, and court review, see the following references as appropriate to the matter involved: (a) Title II of the Act, §§ 404.929 through 404.983 of this chapter; (b) Title VIII of the Act, §§ 408.1040 through 408.1060 of this chapter; (c) Title XVI of the Act, §§ 416.1429 through 416.1483 of this chapter; (d) Part B of title IV of the Federal Mine Safety and Health Act of 1977 as amended, §§ 410.630 through 410.670. | ||||
| 20:20:2.0.1.1.11.3.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | C | Subpart C—Hearings, Appeals Council Review, and Judicial Review Procedures | § 422.203 Hearings. | SSA | [41 FR 53791, Dec. 9, 1976, as amended at 44 FR 34942, June 18, 1979; 51 FR 308, Jan. 3, 1986; 54 FR 4268, Jan. 30, 1989; 73 FR 76945, Dec. 18, 2008; 85 FR 73161, Nov. 16, 2020] | (a) Right to request a hearing. (1) After a reconsidered or a revised determination (i) of a claim for benefits or any other right under title II of the Social Security Act; or (ii) of eligibility or amount of benefits or any other matter under title XVI of the Act, except where an initial or reconsidered determination involving an adverse action is revised, after such revised determination has been reconsidered; or (iii) as to entitlement under part A or part B of title XVIII of the Act, or as to the amount of benefits under part A of such title XVIII (where the amount in controversy is $100 or more); or of health services to be provided by a health maintenance organization without additional costs (where the amount in controversy is $100 or more); or as to the amount of benefits under part B of title XVIII (where the amount in controversy is $500 or more); or as to a determination by a peer review organization (PRO) under title XI (where the amount in controversy is $200 or more); or as to certain determinations made under section 1154, 1842(1), 1866(f)(2), or 1879 of the Act; any party to such a determination may, pursuant to the applicable section of the Act, file a written request for a hearing on the determination. After a reconsidered determination of a claim for benefits under part B of title IV (Black Lung benefits) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 921 through 925), a party to the determination may file a written request for hearing on the determination. (2) After (i) a reconsidered or revised determination that an institution, facility, agency, or clinic does not qualify as a provider of services, or (ii) a determination terminating an agreement with a provider of services, such institution, facility, agency, or clinic may, pursuant to section 1866 of the Act, file a written request for a hearing on the determination. (3) After (i) a reconsidered or revised determination that an independent laboratory, supplier of portable X-ray services, or end-stage renal disease treatm… | ||||
| 20:20:2.0.1.1.11.3.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | C | Subpart C—Hearings, Appeals Council Review, and Judicial Review Procedures | § 422.205 Proceedings before the Appeals Council. | SSA | [85 FR 73161, Nov. 16, 2020] | (a) Administrative Appeals Judge hearing decisions. Administrative Appeals Judge decisions and dismissals issued on hearing requests removed under §§ 404.956 and 416.1456 of this chapter and decisions and dismissals described in § 422.203(c) require the signature of one Administrative Appeals Judge. Requests for review of hearing decisions issued by an Administrative Appeals Judge may be filed pursuant to §§ 404.968 and 416.1468 of this chapter and paragraph (b) of this section. (b) Appeals Council review. Any party to a hearing decision or dismissal may request a review of such action by the Appeals Council. This request may be made on Form HA-520, Request for Review of Hearing Decision/Order, or by any other writing specifically requesting review. Form HA-520 may be obtained from any Social Security district office or branch office, or at any other office where a request for a hearing may be filed. (For time and place of filing, see §§ 404.968 and 416.1468 of this chapter.) (c) Review of a hearing decision, dismissal, or denial. The denial of a request for review of a hearing decision concerning a determination under § 422.203(a)(1) shall be by such appeals officer or appeals officers or by such member or members of the Appeals Council as may be designated in the manner prescribed by the Chair or Deputy Chair. The denial of a request for review of a hearing dismissal, the dismissal of a request for review, the denial of a request for review of a hearing decision whenever such hearing decision after such denial would not be subject to judicial review as explained in § 422.210(a), or the refusal of a request to reopen a hearing or Appeals Council decision concerning a determination under § 422.203(a)(1) shall be by such member or members of the Appeals Council as may be designated in the manner prescribed by the Chair or Deputy Chair. (d) Appeals Council review panel. Whenever the Appeals Council reviews a hearing decision under §§ 404.967, 404.969, 416.1467, or 416.1469 of this chapter and the claiman… | ||||
| 20:20:2.0.1.1.11.3.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | C | Subpart C—Hearings, Appeals Council Review, and Judicial Review Procedures | § 422.210 Judicial review. | SSA | [41 FR 53792, Dec. 9, 1976, as amended at 44 FR 34942, June 18, 1979; 49 FR 46370, Nov. 26, 1984; 49 FR 48036, Dec. 10, 1984; 54 FR 4268, Jan. 30, 1989; 62 FR 38456, July 18, 1997; 85 FR 73162, Nov. 16, 2020] | (a) General. A claimant may obtain judicial review of a decision by an administrative law judge or administrative appeals judge if the Appeals Council has denied the claimant's request for review, or of a decision by the Appeals Council when that is the final decision of the Commissioner. A claimant may also obtain judicial review of a reconsidered determination, or of a decision of an administrative law judge or an administrative appeals judge, where, under the expedited appeals procedure, further administrative review is waived by agreement under § 404.926 or § 416.1426 of this chapter or as appropriate. There are no amount-in-controversy limitations on these rights of appeal. (b) Court in which to institute civil action. Any civil action described in paragraph (a) of this section must be instituted in the district court of the United States for the judicial district in which the claimant resides or where such individual or institution or agency has his principal place of business. If the individual does not reside within any such judicial district, or if such individual or institution or agency does not have his principal place of business within any such judicial district, the civil action must be instituted in the District Court of the United States for the District of Columbia. (c) Time for instituting civil action. Any civil action described in paragraph (a) of this section must be instituted within 60 days after the Appeals Council's notice of denial of request for review of the administrative law judge's decision or notice of the decision by the Appeals Council is received by the individual, institution, or agency, except that this time may be extended by the Appeals Council upon a showing of good cause. For purposes of this section, the date of receipt of notice of denial of request for review of the presiding officer's decision or notice of the decision by the Appeals Council shall be presumed to be 5 days after the date of such notice, unless there is a reasonable showing to the contrary. Wher… | ||||
| 20:20:2.0.1.1.11.4.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | D | Subpart D—Claims Collection | § 422.301 Scope of this subpart. | SSA | [71 FR 38070, July 5, 2006] | (a) Except as provided in paragraphs (b) and (c) of this section, this subpart describes the procedures relating to collection of: (1) Overdue administrative debts, and (2) Overdue program overpayments described in §§ 404.527 and 416.590 of this chapter. (b) This subpart does not apply to administrative debts owed by employees of the Social Security Administration, including, but not limited to, overpayment of pay and allowances. (c) The following exceptions apply only to Federal salary offset as described in § 422.310(a)(1). (1) We will not use this subpart to collect a debt while the debtor's disability benefits are stopped during the reentitlement period, under § 404.1592a(a)(2) of this chapter, because the debtor is engaging in substantial gainful activity. (2) We will not use this subpart to collect a debt while the debtor's Medicare entitlement is continued because the debtor is deemed to be entitled to disability benefits under section 226(b) of the Social Security Act (42 U.S.C. 426(b)). (3) We will not use this subpart to collect a debt if the debtor has decided to participate in the Ticket to Work and Self-Sufficiency Program and the debtor's ticket is in use as described in §§ 411.170 through 411.225 of this chapter. | ||||
| 20:20:2.0.1.1.11.4.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | D | Subpart D—Claims Collection | § 422.303 Interest, late payment penalties, and administrative costs of collection. | SSA | [71 FR 38070, July 5, 2006] | We may charge the debtor with interest, late payment penalties, and our costs of collection on delinquent debts covered by this subpart when authorized by our regulations issued in accordance with the Federal Claims Collection Standards (31 CFR 901.9). | ||||
| 20:20:2.0.1.1.11.4.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | D | Subpart D—Claims Collection | § 422.305 Report of overdue program overpayment debts to consumer reporting agencies. | SSA | [62 FR 64278, Dec. 5, 1997, as amended at 66 FR 67081, Dec. 28, 2001] | (a) Debts we will report. We will report to consumer reporting agencies all overdue program overpayment debts over $25. (b) Notice to debtor. Before we report any such debt to a consumer reporting agency, we will send the debtor written notice of the following: (1) We have determined that payment of the debt is overdue; (2) We will refer the debt to a consumer reporting agency at the expiration of not less than 60 calendar days after the date of the notice unless, within that 60-day period, the debtor pays the full amount of the debt or takes either of the actions described in paragraphs (b)(6) or (b)(7) of this section; (3) The specific information we will provide to the consumer reporting agency, including information that identifies the debtor (e.g., name, address, and social security number) and the amount, status, and history of the debt; (4) The debtor has the right to a complete explanation of the debt; (5) The debtor may dispute the accuracy of the information to be provided to the consumer reporting agency; (6) The debtor may request a review of the debt by giving us evidence showing that he or she does not owe all or part of the amount of the debt or that we do not have the right to collect it; and (7) The debtor may request an installment payment plan. (c) Disputing the information that we would send to consumer reporting agencies. If a debtor believes that the information we propose to send to consumer reporting agencies is incorrect, the debtor may ask us to correct such information. If, within 60 calendar days from the date of our notice described in paragraph (b) of this section, the debtor notifies us that any information to be sent to consumer reporting agencies is incorrect, we will not send the information to consumer reporting agencies until we determine the correct information. | ||||
| 20:20:2.0.1.1.11.4.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | D | Subpart D—Claims Collection | § 422.306 Report of overdue administrative debts to credit reporting agencies. | SSA | [62 FR 64278, Dec. 5, 1997, as amended at 71 FR 38070, July 5, 2006] | (a) Debts we will report. We will report to credit reporting agencies all overdue administrative debts over $25. Some examples of administrative debts are as follows: debts for civil monetary penalties imposed under section 1140(b) of the Act, debts for unpaid fees for reimbursable services performed by SSA (e.g., disclosures of information), and contractor debts. (b) Notice to debtor. Before we report any administrative debt to a credit reporting agency, we will send the debtor written notice of the following: (1) We have determined that payment of the debt is overdue; (2) We will refer the debt to a credit reporting agency at the expiration of not less than 60 calendar days after the date of the notice unless, within that 60-day period, the debtor pays the full amount of the debt or takes either of the actions described in paragraphs (b)(6) or (b)(7) of this section; (3) The specific information we will provide to the credit reporting agency, including information that identifies the debtor (e.g., name, address, social security number, and employer identification number) and the amount, status, and history of the debt; (4) The debtor has the right to a complete explanation of the debt; (5) The debtor may dispute the accuracy of the information to be provided to the credit reporting agency; (6) The debtor may request a review of the debt by giving us evidence showing that he or she does not owe all or part of the amount of the debt or that we do not have the right to collect it; and (7) The debtor may request an installment payment plan. | ||||
| 20:20:2.0.1.1.11.4.483.5 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | D | Subpart D—Claims Collection | § 422.310 Collection of overdue debts by administrative offset. | SSA | [71 FR 38070, July 5, 2006, as amended at 76 FR 65109, Oct. 20, 2011] | (a) Referral to the Department of the Treasury for offset. (1) We recover overdue debts by offsetting Federal and State payments due the debtor through the Treasury Offset Program (TOP). TOP is a Government-wide delinquent debt matching and payment offset process operated by the Department of the Treasury, whereby debts owed to the Federal Government are collected by offsetting them against Federal and State payments owed the debtor. Federal payments owed the debtor include current “disposable pay,” defined in 5 CFR 550.1103, owed by the Federal Government to a debtor who is an employee of the Federal Government. Deducting from such disposable pay to collect an overdue debt owed by the employee is called “Federal salary offset” in this subpart. (2) Except as provided in paragraphs (b) and (c) of § 422.301, we will use Federal salary offset to collect overdue debts from Federal employees, including employees of the Social Security Administration. A Federal employee's involuntary payment of all or part of a debt collected by Federal salary offset does not amount to a waiver of any rights which the employee may have under any statute or contract, unless a statute or contract provides for waiver of such rights. (b) Debts we refer. We refer for administrative offset all qualifying debts that meet or exceed the threshold amounts used by the Department of the Treasury for collection from State and Federal payments, including Federal salaries. (c) Notice to debtor. Before we refer any debt for collection by administrative offset, we will send the debtor written notice that explains all of the following: (1) The nature and amount of the debt. (2) We have determined that payment of the debt is overdue. (3) We will refer the debt for administrative offset (except as provided in paragraph (c)(9) of this section) at the expiration of not less than 60 calendar days after the date of the notice unless, within that 60-day period: (i) The debtor pays the full amount of the debt, or (ii) The debtor takes any of the a… | ||||
| 20:20:2.0.1.1.11.4.483.6 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | D | Subpart D—Claims Collection | § 422.315 Review of our records related to the debt. | SSA | (a) Notification by the debtor. The debtor may request to inspect or copy our records related to the debt. (b) Our response. In response to a request from the debtor described in paragraph (a) of this section, we will notify the debtor of the location and time at which the debtor may inspect or copy our records related to the debt. We may also, at our discretion, mail to the debtor copies of the records relating to the debt. | |||||
| 20:20:2.0.1.1.11.4.483.7 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | D | Subpart D—Claims Collection | § 422.317 Review of the debt. | SSA | [71 FR 38071, July 5, 2006] | (a) Notification and presentation of evidence by the debtor. A debtor who receives a notice described in § 422.305(b), § 422.306(b), or § 422.310(c) has a right to have a review of the debt and the payment schedule for Federal salary offset stated in the notice. To exercise this right, the debtor must notify us and give us evidence that he or she does not owe all or part of the debt, or that we do not have the right to collect it, or that the payment schedule for Federal salary offset stated in the notice would cause financial hardship. (1) If the debtor notifies us and presents evidence within 60 calendar days from the date of our notice (except as provided for Federal salary offset in paragraph (a)(3) of this section), we will not take the action described in our notice unless and until review of all of the evidence is complete and we send the debtor the findings that all or part of the debt is overdue and legally enforceable. (2) If the debtor notifies us and presents evidence after that 60 calendar-day period expires (except as provided for Federal salary offset in paragraph (a)(4) of this section) and paragraph (b) of this section does not apply, the review will occur, but we may take the actions described in our notice without further delay. (3) If the debtor notifies us and presents evidence within 30 calendar days from the date of our notice, we will not refer the debt for Federal salary offset unless and until review of all of the evidence is complete and we send the debtor the findings that all or part of the debt is overdue and legally enforceable and (if appropriate) the findings on the payment schedule for Federal salary offset. (4) If the debtor notifies us and presents evidence after that 30 calendar-day period expires and paragraph (b) of this section does not apply, the review will occur, but we may refer the debt for Federal salary offset without further delay. (b) Good cause for failure to timely request review. (1) If we decide that the debtor has good cause for failing to request rev… | ||||
| 20:20:2.0.1.1.11.5.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.401 What is the scope of this subpart? | SSA | This subpart describes the procedures relating to our use of administrative wage garnishment under 31 U.S.C. 3720D to recover past due debts that you owe. | |||||
| 20:20:2.0.1.1.11.5.483.10 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.435 What happens when we decide to send an administrative wage garnishment order to your employer? | SSA | (a) The wage garnishment order. The wage garnishment order that we send to your employer will contain only the information necessary for the employer to comply with the order. This information includes: (1) Your name, address, and social security number, (2) The amount of the debt, (3) Information about the amount to be withheld, and (4) Information about where to send the withheld amount. (b) Electronic record of the garnishment order. We will keep an electronic record of the garnishment order that shows the date we mailed the order to your employer. (c) Employer certification. Along with the garnishment order, we will send your employer a certification form to complete about your employment status and the amount of your disposable pay available for withholding. Your employer must complete the certification and return it to us within 20 days of receipt. (d) Amounts to be withheld from your disposable pay. After receipt of the garnishment order issued under this section, your employer must begin withholding from your disposable pay each payday the lesser of: (1) The amount indicated on the order (up to 15% of your disposable pay); or (2) The amount by which your disposable pay exceeds thirty times the minimum wage as provided in 15 U.S.C. 1673(a)(2). (e) Multiple withholding orders. If your disposable pay is subject to more than one withholding order, we apply the following rules to determine the amount that your employer will withhold from your disposable pay: (1) Unless otherwise provided by Federal law or paragraph (e)(2) of this section, a garnishment order issued under this section has priority over other withholding orders served later in time. (2) Withholding orders for family support have priority over garnishment orders issued under this section. (3) If at the time we issue a garnishment order to your employer amounts are already being withheld from your pay under another withholding order, or if a withholding order for family support is served on your employer at any time, the amo… | |||||
| 20:20:2.0.1.1.11.5.483.11 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.440 What are your employer's responsibilities under an administrative wage garnishment order? | SSA | (a) When withholding must begin. Your employer must withhold the appropriate amount from your disposable pay on each payday beginning on the first payday after receiving the garnishment order issued under this section. If the first payday is within 10 days after your employer receives the order, then your employer must begin withholding on the first or second payday after your employer receives the order. Withholding must continue until we notify your employer to stop withholding. (b) Payment of amounts withheld. Your employer must promptly pay to us all amounts withheld under this section. (c) Other assignments or allotments of pay. Your employer cannot honor an assignment or allotment of your pay to the extent that it would interfere with or prevent withholding under this section, unless the assignment or allotment is made under a family support judgement or order. (d) Effect of withholding on employer pay and disbursement cycles. Your employer will not be required to vary its normal pay and disbursement cycles in order to comply with the garnishment order. (e) When withholding ends. When we have fully recovered the amounts you owe, including interest, penalties, and administrative costs that we charge you as allowed by law, we will tell your employer to stop withholding from your disposable pay. As an added precaution, we will review our debtors' accounts at least annually to ensure that withholding has been terminated for accounts paid in full. (f) Certain actions by an employer against you are prohibited. Federal law prohibits an employer from using a garnishment order issued under this section as the basis for discharging you from employment, refusing to employ you, or taking disciplinary action against you. If your employer violates this prohibition, you may file a civil action against your employer in a Federal or State court of competent jurisdiction. | |||||
| 20:20:2.0.1.1.11.5.483.12 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.445 May we bring a civil action against your employer for failure to comply with our administrative wage garnishment order? | SSA | (a) We may bring a civil action against your employer for any amount that the employer fails to withhold from your disposable pay in accordance with § 422.435(d), (e) and (f). Your employer may also be liable for attorney fees, costs of the lawsuit and (in the court's discretion) punitive damages. (b) We will not file a civil action against your employer before we terminate collection action against you, unless earlier filing is necessary to avoid expiration of any applicable statute of limitations period. For purposes of this section, “terminate collection action” means that we have terminated collection action in accordance with the Federal Claims Collection Standards (31 CFR 903.3) or other applicable standards. In any event, we will consider that collection action has been terminated if we have not received any payments to satisfy the debt for a period of one year. | |||||
| 20:20:2.0.1.1.11.5.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.402 What special definitions apply to this subpart? | SSA | (a) Administrative wage garnishment is a process whereby we order your employer to withhold a certain amount from your disposable pay and send the withheld amount to us. The law requires your employer to comply with our garnishment order. (b) Debt means any amount of money or property that we determine is owed to the United States and that arises from a program that we administer or an activity that we perform. These debts include program overpayments made under title II or title XVI of the Social Security Act and any other debt that meets the definition of “claim” or “debt” at 31 U.S.C. 3701(b). (c) Disposable pay means that part of your total compensation (including, but not limited to, salary or wages, bonuses, commissions, and vacation pay) from your employer after deduction of health insurance premiums and amounts withheld as required by law. Amounts withheld as required by law include such things as Federal, State and local taxes but do not include amounts withheld under court order. (d) We, our, or us means the Social Security Administration. (e) You means an individual who owes a debt to the United States within the scope of this subpart. | |||||
| 20:20:2.0.1.1.11.5.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.403 When may we use administrative wage garnishment? | SSA | (a) General. Subject to the exceptions described in paragraph (b) of this section and the conditions described in paragraphs (c) and (d) of this section, we may use administrative wage garnishment to collect any debt that is past due. We may use administrative wage garnishment while we are taking other action regarding the debt, such as, using tax refund offset under §§ 404.520-404.526 and 416.580-416.586 of this chapter and taking action under subpart D of this part. (b) Exceptions. (1) We will not use this subpart to collect a debt from salary or wages paid by the United States Government. (2) If you have been separated involuntarily from employment, we will not order your employer to withhold amounts from your disposable pay until you have been reemployed continuously for at least 12 months. You have the burden of informing us about an involuntary separation from employment. (3) We will not use this subpart to collect a debt while your disability benefits are stopped during the reentitlement period, under § 404.1592a(a)(2) of this chapter, because you are engaging in substantial gainful activity. (4) We will not use this subpart to collect a debt while your Medicare entitlement is continued because you are deemed to be entitled to disability benefits under section 226(b) of the Social Security Act (42 U.S.C. 426(b)). (5) We will not use this subpart to collect a debt if you have decided to participate in the Ticket to Work and Self-Sufficiency Program and your ticket is in use as described in §§ 411.170 through 411.225 of this chapter. (c) Overpayments under title II of the Social Security Act. This subpart applies to overpayments under title II of the Social Security Act if all of the following conditions are met: (1) You are not receiving title II benefits. (2) We have completed our billing system sequence ( i.e., we have sent you an initial notice of the overpayment, a reminder notice, and a past-due notice) or we have suspended or terminated collection activity in accordance with applicable … | |||||
| 20:20:2.0.1.1.11.5.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.405 What notice will we send you about administrative wage garnishment? | SSA | (a) General. Before we order your employer to collect a debt by deduction from your disposable pay, we will send you written notice of our intention to do so. (b) Contents of the notice. The notice will contain the following information: (1) We have determined that payment of the debt is past due; (2) The nature and amount of the debt; (3) Information about the amount that your employer could withhold from your disposable pay each payday (the payment schedule); (4) No sooner than 60 calendar days after the date of the notice, we will order your employer to withhold the debt from your disposable pay unless, within that 60-day period, you pay the full amount of the debt or take either of the actions described in paragraphs (b)(6) or (7) of this section; (5) You may inspect and copy our records about the debt ( see § 422.420); (6) You may request a review of the debt ( see § 422.425) or the payment schedule stated in the notice ( see § 422.415); and (7) You may request to pay the debt by monthly installment payments to us. (c) Mailing address. We will send the notice to the most current mailing address that we have for you in our records. (d) Electronic record of the notice. We will keep an electronic record of the notice that shows the date we mailed the notice to you and the amount of your debt. | |||||
| 20:20:2.0.1.1.11.5.483.5 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.410 What actions will we take after we send you the notice? | SSA | (a) General. (1) We will not send an administrative wage garnishment order to your employer before 60 calendar days elapse from the date of the notice described in § 422.405. (2) If paragraph (b) of this section does not apply and you do not pay the debt in full or do not take either of the actions described in § 422.405(b)(6) or (7) within 60 calendar days from the date of the notice described in § 422.405, we may order your employer to withhold and send us part of your disposable pay each payday until your debt is paid. (3) If you request review of the debt or the payment schedule after the end of the 60 calendar day period described in paragraph (a)(2) of this section and paragraph (b) of this section does not apply, we will conduct the review. However, we may send the administrative wage garnishment order to your employer without further delay. If we sent the administrative wage garnishment order to your employer and we do not make our decision on your request within 60 calendar days from the date that we received your request, we will tell your employer to stop withholding from your disposable pay. Withholding will not resume before we conduct the review and notify you of our decision. (4) We may send an administrative wage garnishment order to your employer without further delay if: (i) You request an installment payment plan after receiving the notice described in § 422.405, and (ii) We arrange such a plan with you, and (iii) You fail to make payments in accordance with that arrangement for two consecutive months. (b) Good cause for failing to request review on time. If we decide that you had good cause for failing to request review within the 60-day period mentioned in paragraph (a)(2) of this section, we will treat your request for review as if we received it within that 60-day period. (1) Determining good cause. In determining whether you had good cause, we will consider— (i) Any circumstances that kept you from making the request on time; (ii) Whether our action misled you; (iii) Wheth… | |||||
| 20:20:2.0.1.1.11.5.483.6 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.415 Will we reduce the amount that your employer must withhold from your pay when withholding that amount causes financial hardship? | SSA | (a) General. Unless paragraph (d) of this section applies, we will reduce the amount that your employer must withhold from your pay when you request the reduction and we find financial hardship. In any event, we will not reduce the amount your employer must withhold each payday below $10. When we decide to reduce the amount that your employer withholds, we will give you and your employer written notice. (1) You may ask us at any time to reduce the amount due to financial hardship. (2) If you request review of the payment schedule stated in the notice described in § 422.405 within the 60-day period stated in the notice, we will not issue a garnishment order to your employer until we notify you of our decision. (b) Financial hardship. We will find financial hardship when you show that withholding a particular amount from your pay would deprive you of income necessary to meet your ordinary and necessary living expenses. You must give us evidence of your financial resources and expenses. (c) Ordinary and necessary living expenses. Ordinary and necessary living expenses include: (1) Fixed expenses such as food, clothing, housing, utilities, maintenance, insurance, tax payments; (2) Medical, hospitalization and similar expenses; (3) Expenses for the support of others for whom you are legally responsible; and (4) Other reasonable and necessary miscellaneous expenses which are part of your standard of living. (d) Fraud and willful concealment or failure to furnish information. (1) We will not reduce the amount that your employer withholds from your disposable pay if your debt was caused by: (i) Your intentional false statement, or (ii) Your willful concealment of, or failure to furnish, material information. (2) “Willful concealment” means an intentional, knowing and purposeful delay in providing, or failure to reveal, material information. | |||||
| 20:20:2.0.1.1.11.5.483.7 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.420 May you inspect and copy our records related to the debt? | SSA | You may inspect and copy our records related to the debt. You must notify us of your intention to review our records. After you notify us, we will arrange with you the place and time the records will be available to you. At our discretion, we may send copies of the records to you. | |||||
| 20:20:2.0.1.1.11.5.483.8 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.425 How will we conduct our review of the debt? | SSA | (a) You must request review and present evidence. If you receive a notice described in § 422.405, you have the right to have us review the debt. To exercise this right, you must request review and give us evidence that you do not owe all or part of the debt or that we do not have the right to collect it. If you do not request review and give us this evidence within 60 calendar days from the date of our notice, we may issue the garnishment order to your employer without further delay. If you request review of the debt and present evidence within that 60 calendar-day period, we will not send a garnishment order to your employer unless and until we consider all of the evidence and send you our findings that all or part of the debt is overdue and we have the right to collect it. (b) Review of the evidence. If you request review of the debt, we will review our records related to the debt and any evidence that you present. (c) Our findings. Following our review of all of the evidence, we will send you written findings, including the supporting rationale for the findings. Issuance of these findings will be our final action on your request for review. If we find that you do not owe the debt, or the debt is not overdue, or we do not have the right to collect it, we will not send a garnishment order to your employer. | |||||
| 20:20:2.0.1.1.11.5.483.9 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | E | Subpart E—Collection of Debts by Administrative Wage Garnishment | § 422.430 When will we refund amounts of your pay withheld by administrative wage garnishment? | SSA | If we find that you do not owe the debt or that we have no right to collect it, we will promptly refund to you any amount withheld from your disposable pay under this subpart that we received and cancel any administrative wage garnishment order that we issued. Refunds under this section will not bear interest unless Federal law or contract requires interest. | |||||
| 20:20:2.0.1.1.11.6.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.501 Applications and other forms used in Social Security Administration programs. | SSA | [38 FR 11450, May 8, 1973] | This subpart lists the applications and some of the related forms prescribed by the Social Security Administration for use by the public in applying for benefits under titles II and XVIII of the Social Security Act and the black lung benefits program (Part B, title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended). | ||||
| 20:20:2.0.1.1.11.6.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.505 What types of applications and related forms are used to apply for retirement, survivors, and disability insurance benefits? | SSA | [69 FR 499, Jan. 6, 2004, as amended at 70 FR 14978, Mar. 24, 2005] | (a) Applications. Prescribed applications include our traditional pre-printed forms, and applications our employees complete on computer screens based on information you give us. We then print a copy on paper, have you sign it and process the signed application electronically. You may also use SSA's Internet website to submit an SSA-approved application to us. You can complete an Internet application on a computer (or other suitable device, such as an electronic kiosk) and electronically transmit the form to us using an SSA-approved electronic signature. If, however, we do not have an approved electronic signature established when you file your Internet application, you must print and sign the completed application and deliver the form to us. (b) Related forms. The following are some related forms: SSA-3—Marriage Certification. (For use in connection with Application for Wife's or Husband's Insurance Benefits, (Form SSA-2)) SSA-11—Request to be Selected as Payee. (For use when an individual proposing to be substituted for the current payee files an application to receive payment of benefits on behalf of disabled child, or a child under 18, or an incapable or incompetent beneficiary or for himself/herself if he/she has a payee.) SSA-21—Supplement to Claim of Person Outside of the United States. (To be completed by or on behalf of a person who is, was, or will be outside the United States.) SSA-25—Certificate of Election for Reduced Spouse's Benefits. (For use by a wife or husband age 62 to full retirement age who has an entitled child in his or her care and elects to receive reduced benefits for months during which he or she will not have a child in his or her care.) SSA-721—Statement of Death by Funeral Director. (This form may be used as evidence of death ( see § 404.704 of this chapter).) SSA-760—Certificate of Support (Parent's, Husband's or Widower's). (For use in collecting evidence of support.) SSA-766—Statement of Self-Employment Income. (For use by a claimant to establish ins… | ||||
| 20:20:2.0.1.1.11.6.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.510 Applications and related forms used in the health insurance for the aged program. | SSA | [32 FR 18030, Dec. 16, 1967, as amended at 38 FR 11451, May 8, 1973; 44 FR 34943, June 18, 1979] | (a) Application forms. The following forms are prescribed for use in applying for entitlement to benefits under the health insurance for the aged program: SSA-18—Application for Hospital Insurance Entitlement. (For use by individuals who are not entitled to retirement benefits under title II of the Social Security Act or under the Railroad Retirement Act. This form may also be used for enrollment in the supplementary medical insurance benefits plan.) SSA-40—Application for Enrollment in the Supplementary Medical Insurance Program. (This form is mailed directly to beneficiaries at the beginning of their initial enrollment period.) SSA-40A—Application for Enrollment in Supplementary Medical Insurance. (For use by civil service employees who are not eligible for enrollment in the hospital insurance plan.) SSA-40B—Application for Medical Insurance. (For general use in requesting medical insurance protection.) SSA-40C—Application for Enrollment. (This form is mailed to beneficiaries as a followup on Form SSA-40 (Application for Enrollment in the Supplementary Medical Insurance Program).) SSA-40F—Application for Medical Insurance. (For use by beneficiaries residing outside the United States.) SSA-18—Application for Hospital Insurance Entitlement. (For use by individuals who are not entitled to retirement benefits under title II of the Social Security Act or under the Railroad Retirement Act. This form may also be used for enrollment in the supplementary medical insurance benefits plan.) SSA-40—Application for Enrollment in the Supplementary Medical Insurance Program. (This form is mailed directly to beneficiaries at the beginning of their initial enrollment period.) SSA-40A—Application for Enrollment in Supplementary Medical Insurance. (For use by civil service employees who are not eligible for enrollment in the hospital insurance plan.) SSA-40B—Application for Medical Insurance. (For general use in requesting medical insurance protection.) SSA-40C—Application for Enrollment. (This form is maile… | ||||
| 20:20:2.0.1.1.11.6.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.512 Applications and related forms used in the black lung benefits program. | SSA | [38 FR 11451, May 8, 1973] | (a) Application forms. The following forms are prescribed for use in applying for entitlement to benefits under part B of title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972: SSA-46—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Coal Miner's Claim of Total Disability). SSA-47—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Widow's Claim). SSA-48—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Child's Claim). SSA-49—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Parent's, Brother's and Sister's Claim). SSA-46—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Coal Miner's Claim of Total Disability). SSA-47—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Widow's Claim). SSA-48—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Child's Claim). SSA-49—Application for Benefits Under the Federal Coal Mine Health and Safety Act of 1969, as Amended (Parent's, Brother's and Sister's Claim). (b) Related forms. The following are some related forms: SSA-50—Request To Be Selected as Payee. (For use when the individual proposing to be substituted for current payee files application to receive payment of black lung benefits on behalf of himself, a disabled child or child under age 18, a student beneficiary, or an incompetent beneficiary.) SSA-2179—Report by Person Entitled to Black Lung Benefits. (For use by person entitled to black lung benefits to report events which affect benefits.) SAA-2210—Statement of Coal Mine Employment by United Mine Workers of America. SSA-2325—Medical Report (Pneumoconiosis). SSA-50—Request To Be Selected as Payee. (For use when the individual proposing to be substituted for current… | ||||
| 20:20:2.0.1.1.11.6.483.5 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.515 Forms used for withdrawal, reconsideration and other appeals, appointment of representative, and representative registration. | SSA | [38 FR 11452, May 8, 1973, as amended at 89 FR 67556, Aug. 21, 2024] | The following is a list of forms prescribed by the Social Security Administration for use by the public to request a withdrawal of an application, a reconsideration of an initial determination, a hearing, a review of an administrative law judge's decision, or for use where a person is authorized to represent a claimant. SSA-521—Request for Withdrawal of Application. (For use by an individual to cancel his application.) SSA-561—Request for Reconsideration. (For use by an individual who disagrees with an initial determination concerning (a) entitlement to benefits or any other right under title II of the Social Security Act, or (b) entitlement to hospital insurance benefits or supplementary medical insurance benefits under title XVIII of the act, or (c) entitlement to black lung benefits under title IV of the Federal Coal Mine Health and Safety Act. See § 422.140 for a discussion of the reconsideration procedure.) SSA-1696—Claimant's Appointment of a Representative. (For use by claimants or representatives as a notice of their appointment of a representative in a claim, issue, or other matter that is pending a determination or a decision before us). SSA-1699—Representative Registration. (For use by individuals to register with us as representatives prior to appointment as a representative on a claim or designation as a point of contact for an entity). SSA-1763—Request for Termination of Supplementary Medical Insurance. (For use by an enrollee in requesting that his supplementary medical insurance coverage be terminated.) SSA-1965—Request for Hearing—Part B Medicare Claim. (For use by an individual enrollee or his assignee to obtain a hearing before a hearing officer designated by the carrier concerning benefits payable under part B of title XVIII.) HA-501—Request for Hearing. (For use by an individual or institution to obtain a hearing on a claim for title II benefits before an administrative law judge of the Social Security Administration.) Note: This form is also used to request a hearin… | ||||
| 20:20:2.0.1.1.11.6.483.6 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.520 Forms related to maintenance of earnings records. | SSA | [38 FR 11452, May 8, 1973] | The following forms are used by the Social Security Administration and by the public in connection with the maintenance of earnings records of wage-earners and self-employed persons: SS-4—Application for Employer Identification Number. SS-4A—Agricultural Employer's Application. (For use by employers of agricultural workers to request an employer identification number under the FICA.) SS-5—Application for a Social Security Number (or Replacement of Lost Card). SS-15—Certificate Waiving Exemption From Taxes Under the FICA. (For use by certain nonprofit organizations requesting coverage of its employees.) SS-15a—List of Concurring Employees. (To be signed by each employee who concurs in the filing of the Certificate Waiving Exemption From Taxes Under the FICA, Form SS-15.) SSI-21—Social Security and Your Household Employee. (For use by employers of household workers to request information from the Internal Revenue Service Center regarding filing employee tax returns.) OA-702—Social Security Number Card. Form 2031—Waiver Certificate To Elect Social Security Coverage for Use by Ministers, Certain Members of Religious Orders, and Christian Science Practitioners. Form 4029—Application for Exemption from Tax on Self-Employment Income and Waiver of Benefits. (To be completed by self-employed individuals who are members of certain recognized religious sects (or division thereof) and do not wish to pay FICA taxes or participate in the programs provided under titles II and XVIII.) Form 4361—Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders, and Christian Science Practitioners. Form 4415—Election To Exempt From Self-Employment Coverage Fees Received by Certain Public Officers and Employees of a State or Political Subdivision Thereof. OAAN-5028—Evidence of Application for Social Security Number Card. OAAN-7003—Request for Change in Social Security Records. (For use by an individual to change information given on original application for a s… | ||||
| 20:20:2.0.1.1.11.6.483.7 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.525 Where applications and other forms are available. | SSA | [38 FR 11452, May 8, 1973] | All applications and related forms prescribed for use in the programs administered by the Social Security Administration pursuant to the provisions of titles II and XVIII of the act, and part B of title IV of the Federal Coal Mine Health and Safety Act of 1969 are printed under the specifications of the Administration and distributed free of charge to the public, institutions, or organizations for the purposes described therein. All prescribed forms can be obtained upon request from any social security district office or branch office (see § 422.5). Forms appropriate for use in requesting payment for services provided under the health insurance for the aged and disabled programs can also be obtained from the intermediaries or carriers (organizations under contract with the Social Security Administration to make payment for such services) without charge. Form 2031 (Waiver Certificate to Elect Social Security Coverage for Use by Ministers, Certain Members of Religious Orders, and Christian Science Practitioners), Form 4029 (Application for Exemption From Tax on Self-Employment Income and Waiver of Benefits), Form 4361 (Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders, and Christian Science Practitioners), Form 4415 (Election to Exempt From Self-Employment Coverage Fees Received by Certain Public Officers and Employees of a State or a Political Subdivision Thereof), Form SS-4 (Application for Employer Identification Number), Form SS-4A (Agricultural Employer's Application for Identification Number), Form SS-5 (Application for a Social Security Number (or Replacement of Lost Card)), Form SS-15 (Certificate Waiving Exemption From Taxes Under the FICA), and Form SS-15a (List of Concurring Employees) can also be obtained without charge from offices of the Internal Revenue Service. For other offices where applications and certain other forms can be obtained, see subparts B and C of this part 422. | ||||
| 20:20:2.0.1.1.11.6.483.8 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | F | Subpart F—Applications and Related Forms | § 422.527 Private printing and modification of prescribed applications, forms, and other publications. | SSA | [72 FR 73261, Dec. 27, 2007] | Any person, institution, or organization wishing to reproduce, reprint, or distribute any application, form, or publication prescribed by the Administration must obtain prior approval if he or she intends to charge a fee. Requests for approval must be in writing and include the reason or need for the reproduction, reprinting, or distribution; the intended users of the application, form, or publication; the fee to be charged; any proposed modification; the proposed format; the type of machinery (e.g., printer, burster, mail handling), if any, for which the application, form, or publication is being designed; estimated printing quantity; estimated printing cost per thousand; estimated annual usage; and any other pertinent information required by the Administration. Forward all requests for prior approval to: Office of Publications Management, 6401 Security Boulevard, Baltimore, MD 21235-6401. | ||||
| 20:20:2.0.1.1.11.7.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | G | Subpart G—Administrative Review Process Under the Coal Industry Retiree Health Benefit Act of 1992 | § 422.601 Scope and purpose. | SSA | The regulations in this subpart describe how the Social Security Administration (SSA) will conduct reviews of assignments it makes under provisions of the Coal Industry Retiree Health Benefit Act of 1992 (the Coal Act). Under the Coal Act, certain retired coal miners and their eligible family members (beneficiaries) are assigned to particular coal operators (or related persons). These operators are then responsible for paying the annual health and death benefit premiums for these beneficiaries as well as the annual premiums for certain unassigned coal miners and eligible members of their families. We will notify the assigned operators of these assignments and give each operator an opportunity to request detailed information about an assignment and to request review of an assignment. We also inform the United Mine Workers of America (UMWA) Combined Benefit Fund Trustees of each assignment made and the unassigned beneficiaries so they can assess appropriate annual premiums against the assigned operators. This subpart explains how assigned operators may request such additional information, how they may request review of an assignment, and how reviews will be conducted. | |||||
| 20:20:2.0.1.1.11.7.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | G | Subpart G—Administrative Review Process Under the Coal Industry Retiree Health Benefit Act of 1992 | § 422.602 Terms used in this subpart. | SSA | [58 FR 52916, Oct. 13, 1993, as amended at 62 FR 38456, July 18, 1997] | Assignment means our selection of the coal operator or related person to be charged with the responsibility of paying the annual health and death benefit premiums of certain coal miners and their eligible family members. Beneficiary means either a coal industry retiree who, on July 20, 1992, was eligible to receive, and receiving, benefits as an eligible individual under the 1950 or the 1974 UMWA Benefit Plan, or an individual who was eligible to receive, and receiving, benefits on July 20, 1992 as an eligible relative of a coal industry retiree. Evidence of a prima facie case of error means documentary evidence, records, and written statements submitted to us by the assigned operator (or related person) that, standing alone, shows our assignment was in error. The evidence submitted must, when considered by itself without reference to other contradictory evidence that may be in our possession, be sufficient to persuade a reasonable person that the assignment was erroneous. Examples of evidence that may establish a prima facie case of error include copies of Federal, State, or local government tax records; legal documents such as business incorporation, merger, and bankruptcy papers; health and safety reports filed with Federal or State agencies that regulate mining activities; payroll and other employment business records; and information provided in trade journals and newspapers. A related person to a signatory operator means a person or entity which as of July 20, 1992, or, if earlier, the time immediately before the coal operator ceased to be in business, was a member of a controlled group of corporations which included the signatory operator, or was a trade or business which was under common control with a signatory operator, or had a partnership interest (other than as a limited partner) or joint venture with a signatory operator in a business within the coal industry which employed eligible beneficiaries, or is a successor in interest to a person who was a related person. We or us refers to the S… | ||||
| 20:20:2.0.1.1.11.7.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | G | Subpart G—Administrative Review Process Under the Coal Industry Retiree Health Benefit Act of 1992 | § 422.603 Overview of the review process. | SSA | Our notice of assignment will inform you as the assigned operator (or related person) which beneficiaries have been assigned to you, the reason for the assignment, and the dates of employment on which the assignment was based. The notice will explain that, if you disagree with the assignment for any beneficiary listed in the notice of assignment, you may request from us detailed information as to the work history of the miner and the basis for the assignment. Such request must be filed with us within 30 days after you receive the notice of assignment, as explained in § 422.604. The notice will also explain that if you still disagree with the assignment after you have received the detailed information, you may submit evidence that shows there is a prima facie case of error in that assignment and request review. Such request must be filed with us within 30 days after you receive the detailed information, as explained in § 422.605. Alternatively, you may request review within 30 days after you receive the notice of assignment, even if you have not first requested the detailed information. In that case, you still may request the detailed information within that 30-day period. (See § 422.606(c) for further details.) | |||||
| 20:20:2.0.1.1.11.7.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | G | Subpart G—Administrative Review Process Under the Coal Industry Retiree Health Benefit Act of 1992 | § 422.604 Request for detailed information. | SSA | (a) General. After you receive our notice of assignment listing the beneficiaries for whom you have premium responsibility, you may request detailed information as to the work histories of any of the listed miners and the basis for the assignment. Your request for detailed information must: (1) Be in writing; (2) Be filed with us within 30 days of receipt of that notice of assignment. Unless you submit evidence showing a later receipt of the notice, we will assume the notice was received by you within 5 days of the date appearing on the notice. We will consider the request to be filed as of the date we receive it. However, if we receive the request after the 30-day period, the postmark date on the envelope may be used as the filing date. If there is no postmark or the postmark is illegible, the filing date will be deemed to be the fifth day prior to the day we received the request; and (3) Identify the individual miners about whom you are requesting the detailed information. (b) The detailed information we will provide. We will send you detailed information as to the work history and the basis for the assignment for each miner about whom you requested such information. This information will include the name and address of each employer for whom the miner has worked since 1978 or since 1946 (whichever period is appropriate), the amount of wages paid by each employer and the period for which the wages were reported. We will send you the detailed information with a notice informing you that you have 30 days from the date you receive the information to submit to SSA evidence of a prima facie case of error (as defined in § 422.602) and request review of the assignment if you have not already requested review. The notice will also inform you that, if you are seeking evidence to make a case of prima facie error, you may include with a timely filed request for review a written request for additional time to obtain and submit such evidence to us. Under these circumstances, you will have 90 days from the date of yo… | |||||
| 20:20:2.0.1.1.11.7.483.5 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | G | Subpart G—Administrative Review Process Under the Coal Industry Retiree Health Benefit Act of 1992 | § 422.605 Request for review. | SSA | We will review an assignment if you request review and show that there is a prima facie case of error regarding the assignment. This review is a review on the record and will not entail a face-to-face hearing. We will review an assignment if: (a) You are an assigned operator (or related person); (b) Your request is in writing and states your reasons for believing the assignment is erroneous; (c) Your request is filed with us no later than 30 days from the date you received the detailed information described in § 422.604, or no later than 30 days from the date you received the notice of assignment if you choose not to request detailed information. Unless you submit evidence showing a later receipt of the notice, we will assume you received the detailed information or the notice of assignment within 5 days of the date shown thereon. We will consider the request to be filed as of the date we receive it. However, if we receive the request after the 30-day period, the postmark date on the envelope may be used as the filing date. If there is no postmark or the postmark is illegible, the filing date will be deemed to be the fifth day prior to the day we received the request; and (d) Your request is accompanied by evidence establishing a prima facie case of error regarding the assignment. If your request for review includes a request for additional time to submit such evidence, we will give you an additional 90 days from the date of your request for review to submit such evidence to us. | |||||
| 20:20:2.0.1.1.11.7.483.6 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | G | Subpart G—Administrative Review Process Under the Coal Industry Retiree Health Benefit Act of 1992 | § 422.606 Processing the request for review. | SSA | Upon receipt of your written request for review of an assignment and where relevant, the expiration of any additional times allowed under §§ 422.605(d) and 422.606(c), we will take the following action: (a) Request not timely filed. If your request is not filed within the time limits set out in § 422.605(c), we will deny your request for review on that basis and send you a notice explaining that we have taken this action; (b) Lack of evidence. If your request is timely filed under § 422.605(c) but you have not provided evidence constituting a prima facie case of error, we will deny your request for review on that basis and send you a notice explaining that we have taken this action; (c) Request for review without requesting detailed information. If your request is filed within 30 days after you received the notice of assignment and you have not requested detailed information, we will not process your request until at least 30 days after the date you received the notice of assignment. You may still request detailed information within that 30-day period, in which case we will not process your request for review until at least 30 days after you received the detailed information, so that you may submit additional evidence if you wish; (d) Reviewing the evidence. If your request meets the filing requirements of § 422.605 and is accompanied by evidence constituting a prima facie case of error, we will review the assignment. We will review all evidence submitted with your request for review, together with the evidence used in making the assignment. An SSA employee who was not involved in the original assignment will perform the review. The review will be a review on the record and will not involve a face-to-face hearing. (e) Original decision correct. If, following this review of the evidence you have submitted and the evidence in our file, we make a determination that the assignment is correct, we will send you a notice explaining the basis for our decision. We will not review the decision again, except … | |||||
| 20:20:2.0.1.1.11.7.483.7 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | G | Subpart G—Administrative Review Process Under the Coal Industry Retiree Health Benefit Act of 1992 | § 422.607 Limited reopening of assignments. | SSA | On our own initiative, we may reopen and revise an assignment, whether or not it has been reviewed as described in this subpart, under the following conditions: (a) The assignment reflects an error on the face of our records or the assignment was based upon fraud; and (b) We sent to the assigned operator (or related person) notice of the assignment within 12 months of the time we decided to reopen that assignment. | |||||
| 20:20:2.0.1.1.11.8.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | H | Subpart H—Use of SSA Telephone Lines | § 422.701 Scope and purpose. | SSA | The regulations in this subpart describe the limited circumstances under which SSA is authorized to listen-in to or record telephone conversations. The purpose of this subpart is to inform the public and SSA employees of those circumstances and the procedures that SSA will follow when conducting telephone service observation activities. | |||||
| 20:20:2.0.1.1.11.8.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | H | Subpart H—Use of SSA Telephone Lines | § 422.705 When SSA employees may listen-in to or record telephone conversations. | SSA | SSA employees may listen-in to or record telephone conversations on SSA telephone lines under the following conditions: (a) Law enforcement/national security. When performed for law enforcement, foreign intelligence, counterintelligence or communications security purposes when determined necessary by the Commissioner of Social Security or designee. Such determinations shall be in writing and shall be made in accordance with applicable laws, regulations and Executive Orders governing such activities. Communications security monitoring shall be conducted in accordance with procedures approved by the Attorney General. Line identification equipment may be installed on SSA telephone lines to assist Federal law enforcement officials in investigating threatening telephone calls, bomb threats and other criminal activities. (b) Public safety. When performed by an SSA employee for public safety purposes and when documented by a written determination by the Commissioner of Social Security or designee citing the public safety needs. The determination shall identify the segment of the public needing protection and cite examples of the possible harm from which the public requires protection. Use of SSA telephone lines identified for reporting emergency and other public safety-related situations will be deemed as consent to public safety monitoring and recording. (See § 422.710(a)(1)) (c) Public service monitoring. When performed by an SSA employee after the Commissioner of Social Security or designee determines in writing that monitoring of such lines is necessary for the purposes of measuring or monitoring SSA's performance in the delivery of service to the public; or monitoring and improving the integrity, quality and utility of service provided to the public. Such monitoring will occur only on telephone lines used by employees to provide SSA-related information and services to the public. Use of such telephone lines will be deemed as consent to public service monitoring. (See § 422.710(a)(2) and (c)). (d) All-par… | |||||
| 20:20:2.0.1.1.11.8.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | H | Subpart H—Use of SSA Telephone Lines | § 422.710 Procedures SSA will follow. | SSA | SSA component(s) that plan to listen-in to or record telephone conversations under § 422.705(b) or (c) shall comply with the following procedures. (a) Prepare a written certification of need to the Commissioner of Social Security or designee at least 30 days before the planned operational date. A certification as used in this section means a written justification signed by the Deputy Commissioner of the requesting SSA component or designee, that specifies general information on the following: the operational need for listening-in to or recording telephone conversations; the telephone lines and locations where monitoring is to be performed; the position titles (or a statement about the types) of SSA employees involved in the listening-in to or recording of telephone conversations; the general operating times and an expiration date for the monitoring. This certification of need must identify the telephone lines which will be subject to monitoring, e.g., SSA 800 number voice and text telephone lines, and include current copies of any documentation, analyses, determinations, policies and procedures supporting the application, and the name and telephone number of a contact person in the SSA component which is requesting authority to listen-in to or record telephone conversations. (1) When the request involves listening-in to or recording telephone conversations for public safety purposes, the requesting component head or designee must identify the segment of the public needing protection and cite examples of the possible harm from which the public requires protection. (2) When the request involves listening-in to or recording telephone conversations for public service monitoring purposes, the requesting component head or designee must provide a statement in writing why such monitoring is necessary for measuring or monitoring the performance in the delivery of SSA service to the public; or monitoring and improving the integrity, quality and utility of service provided to the public. (b) At least every 5 years, SSA … | |||||
| 20:20:2.0.1.1.11.9.483.1 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.801 Scope of this subpart. | SSA | (a) The regulations in this part are issued under the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of (DCIA) 1996 (31 U.S.C. 3701, et seq. ) and the Federal Claims Collection Standards (31 CFR parts 901-904) issued pursuant to the DCIA by the Department of the Treasury (Treasury) and the Department of Justice (DOJ). These authorities prescribe government-wide standards for administrative collection, compromise, suspension, or termination of agency collection action, disclosure of debt information to credit reporting agencies, referral of claims to private collection contractors for resolution, and referral to the DOJ for litigation to collect debts owed the Government. The regulations under this part also are issued under the Commissioner's general rule-making authority in the Social Security Act at section 702(a)(5), 42 U.S.C. 902(a)(5), the Treasury's regulations implementing the DCIA (31 CFR part 285), and related statutes and regulations governing the offset of Federal salaries (5 U.S.C. 5512, 5514; 5 CFR part 550, subpart K) and the administrative offset of tax refunds (31 U.S.C. 3720A). (b) This subpart describes the procedures relating to the collection, compromise, and suspension of administrative debts owed to us, the Social Security Administration (SSA). (c) Administrative debts include claims against current employees, separated employees, and non-employee debtors. (1) Employee debts include salary overpayments; advanced sick and annual leave, advanced religious compensatory time, overpayments of health benefit premiums, leave buy back, emergency employee payments, travel, and transit subsidies. (2) Non-employee debts include vendor overpayments, reimbursable agreements, Supplemental Security Income Medicaid determinations, and economic recovery payments. (d) This subpart does not apply to programmatic overpayments described in subparts D and E of this part, and §§ 404.527 and § 416.590 of this title. (e) This subpart does not apply to civil monetary penalties a… | |||||
| 20:20:2.0.1.1.11.9.483.10 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.817 Required certification. | SSA | Before referring delinquent administrative debts to the Department of the Treasury (Treasury) for collection, we will certify, in writing, that: (a) The debts we are transferring are valid and legally enforceable; (b) There are no legal bars to collection; and (c) We have complied with all prerequisites to a particular collection action under the laws, regulations, or policies applicable to us, unless we agree that Treasury will do so on our behalf. | |||||
| 20:20:2.0.1.1.11.9.483.11 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.819 Fees. | SSA | Federal agencies operating Department of the Treasury-designated debt collection centers are authorized to charge a fee for services rendered regarding referred or transferred debts. The fee may be paid out of amounts collected and may be added to the debt as an administrative cost. | |||||
| 20:20:2.0.1.1.11.9.483.12 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.821 Administrative offset. | SSA | (a) Scope. (1) Administrative Offset is the withholding of funds payable by the United States to, or held by the United States for, a person to satisfy a debt. We will use Administrative Offset to recover administrative debts. (2) This section does not apply to: (i) Debts arising under the Social Security Act; (ii) Payments made under the Social Security Act, except as provided for in 31 U.S.C. 3716(c), and 31 CFR 285.4; (iii) Debts arising under, or payments made under the Internal Revenue Code or the tariff laws of the United States; (iv) Offsets against Federal salaries to the extent these standards are inconsistent with regulations published to implement such offsets under 5 U.S.C. 5514 and 31 U.S.C. 3716 (see 5 CFR part 550, subpart K; 31 CFR 285.7; §§ 422.810 and 422.829 of this part); (v) Offsets under 31 U.S.C. 3728 against a judgment obtained by a debtor against the United States; (vi) Offsets or recoupments under common law, State law, or Federal statutes specifically prohibiting offsets or recoupments for particular types of debts; or (vii) Offsets in the course of judicial proceedings, including bankruptcy. (3) Unless otherwise provided for by contract or law, debts or payments that are not subject to Administrative Offset under 31 U.S.C. 3716 may be collected by Administrative Offset under the common law or other applicable statutory authority. (4) In bankruptcy cases, the agency may seek legal advice from the Office of the General Counsel concerning the impact of the Bankruptcy Code, particularly 11 U.S.C. 106, 362, and 553, on pending or contemplated collections by offset. (b) [Reserved] | |||||
| 20:20:2.0.1.1.11.9.483.13 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.822 Notification of intent to collect by administrative offset. | SSA | (a) Prior to initiation of collection by Administrative Offset, we will: (1) Send the debtor a notice by mail or hand-delivery. The notice will include the type and amount of the debt, the intention of the agency using internal offset or non-centralized Administrative Offset to collect the debt 30 days after the date of the notice, and the name of the Federal agency from which the creditor agency wishes to collect in the case of a non-centralized Administrative Offset. Additionally, if the debt is not satisfied by offset within the Social Security Administration or by agreement with another Federal agency, the notice will include the intent to refer the debt to the Department of the Treasury (Treasury) for collection through centralized Administrative Offset, including offset of tax refunds 60 days after the date of the notice as well as an explanation of the debtor's rights under 31 U.S.C. 3716. (2) Give the debtor the opportunity: (i) To make a voluntary payment; (ii) To review and copy agency records related to the debt; (iii) For a review within the agency of the determination of indebtedness; (iv) To make a written agreement to repay the debt. (b) The procedures set forth in paragraph (a) of this section are not required when: (1) The offset is in the nature of a recoupment; (2) The debt arises under a contract subject to the Contracts Disputes Act or Federal Acquisition Regulations; (3) In the case of a non-centralized Administrative Offset (see § 422.824), the agency first learns of the existence of the amount owed by the debtor when there is insufficient time before payment would be made to the debtor/payee to allow for prior notice and an opportunity for review. When prior notice and an opportunity for review are omitted, we will give the debtor such notice and an opportunity for review as soon as practicable and will promptly refund any money ultimately found not to have been owed to the agency; or (4) The agency previously has given a debtor any of the notice and review opportunities require… | |||||
| 20:20:2.0.1.1.11.9.483.14 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.823 Debtor rights to review or copy records, submit repayment proposals, or request administrative review. | SSA | (a) A debtor who intends to review or copy our records with respect to the debt must notify us in writing within 30 days of the date of the notice as described in section § 422.822. In response, we will notify the debtor of the location, time, and any other conditions for reviewing and copying. The debtor may be liable for reasonable copying expenses. (b) In response to the notice as described in section § 422.822, the debtor may propose a written agreement to repay the debt as an alternative to Administrative Offset. Any debtor who wishes to do this must submit a written proposal for repayment of the debt, which we must receive within 30 days of the date of the notice as described in section § 422.822 or 15 days after the date of a decision adverse to the debtor. In response, we will notify the debtor whether we need additional information, for example, financial status information. We will obtain any necessary authorization required to approve the agreement, and we will issue a written determination whether the proposed agreement is acceptable. In exercising our discretion, we will balance the Government's interest in collecting the debt against fairness to the debtor. (c) A debtor must request an administrative review of the debt within 30 days of the date of the notice as described in section § 422.822 for purposes of a proposed collection by non-centralized Administrative Offset pursuant to § 422.824. A debtor must request an administrative review of the debt within 60 days of the date of the notice as described in section § 422.822 for purposes of a proposed collection by centralized Administrative Offset for offset against other Federal payments that would include tax refunds pursuant to § 422.825. (1) For purposes of this section, whenever we are required to provide a debtor a review within the agency, we will give the debtor a reasonable opportunity for an oral hearing, either by telephone or in person, when the debtor requests reconsideration of the debt and we determine that the question of the inde… | |||||
| 20:20:2.0.1.1.11.9.483.15 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.824 Non-centralized administrative offset. | SSA | (a) Unless otherwise prohibited by law, when centralized Administrative Offset under § 422.825 is not available or appropriate, we may collect a past due, legally enforceable, nontax delinquent debt by conducting non-centralized Administrative Offset internally or in cooperation with the agency certifying or authorizing payments to the debtor. Generally, non-centralized Administrative Offsets are ad hoc case-by-case offsets that an agency conducts at its own discretion, internally or in cooperation with a second agency certifying or authorizing payments to the debtor. In these cases, we may make a request directly to a payment-authorizing agency to offset a payment due a debtor to collect a delinquent debt. We adopt the procedures in 31 CFR 901.3(c) so that we may request the Department of the Treasury or any other payment-authorizing agency to conduct a non-centralized Administrative Offset. (b) Administrative Offset may be initiated only after: (1) The debtor has been sent a notice of the type and amount of the debt, the intention to initiate Administrative Offset to collect the debt, and an explanation of the debtor's rights under 31 U.S.C. 3716; and (2) The debtor has been given: (i) The opportunity to review and copy records related to the debt; (ii) The opportunity for a review within the department of the determination of indebtedness; and (iii) The opportunity to make a written agreement to repay the debt. (c) The agency may omit the requirements under paragraph (b) of this section when: (1) Offset is in the nature of a recoupment ( i.e., the debt and the payment to be offset arise out of the same transaction or occurrence); (2) The debt arises under a contract as set forth in Cecile Industries, Inc. v. Cheney, 995 F.2d 1052 (Fed. Cir. 1993) (notice and other procedural protections set forth in 31 U.S.C. 3716(a) do not supplant or restrict established procedures for contractual offsets covered by the Contracts Disputes Act); or (3) In the case of non-centralized Administrative Offset conduc… | |||||
| 20:20:2.0.1.1.11.9.483.16 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.825 Centralized administrative offset. | SSA | (a) Mandatory referral. After we provide and meet the notice and review opportunity requirements of § 422.822, we will refer debts that are over 120 calendar days delinquent to the Department of the Treasury (Treasury) for collection through centralized Administrative Offset 61 days after the date of the notice provided in accordance with § 422.822. If the debtor seeks review, referral of the debt must occur within 30 days of the final decision upholding our decision to offset the debt if the debt is more than 120 calendar days delinquent. (b) Discretionary referral. After we provide and meet the notice and review opportunity requirements of § 422.822, and the debtor does not request administrative review or the result of the review is unsuccessful for the debtor, we may refer a debt that is less than 120 calendar days delinquent. (c) Procedures for referral. We will refer debts to Treasury for collection in accordance with Treasury procedures set forth in 31 CFR 285.5 and 31 CFR 901.3(b). | |||||
| 20:20:2.0.1.1.11.9.483.17 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.827 Offset against tax refunds. | SSA | We will take action to effect Administrative Offset against tax refunds due to debtors in accordance with the provisions of 31 U.S.C. 3720A through referral for centralized Administrative Offset under § 422.825. | |||||
| 20:20:2.0.1.1.11.9.483.18 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.829 Federal salary offset. | SSA | (a) Referral to the Department of the Treasury for offset. (1) The Department of the Treasury (Treasury) will recover overdue administrative debts by offsetting Federal payments due the debtor through the Treasury Offset Program (TOP). TOP is a government-wide delinquent debt matching and payment offset process operated by Treasury, whereby debts owed to the Federal Government are collected by offsetting them against Federal payments owed the debtor. Federal payments owed the debtor include current “disposable pay,” defined in 5 CFR 550.1103, owed by the Federal Government to a debtor who is an employee of the Federal Government. Deducting from such disposable pay to collect an overdue debt owed by the employee is called “Federal Salary Offset” in this subpart. (2) Treasury will use Federal Salary Offset to collect overdue administrative debts from Federal employees, including employees of the Social Security Administration. A Federal employee's involuntary payment of all or part of a debt collected by Federal Salary Offset does not amount to a waiver of any rights that the employee may have under any statute or contract, unless a statute or contract provides for waiver of such rights. (b) Debts we will refer. We will refer all qualifying administrative debts that meet or exceed the threshold amounts used by Treasury for collection from Federal payments, including Federal salaries. (c) Notice to debtor. Before we refer any administrative debt for collection by Administrative Offset, we will send the debtor a notice that explains all of the following: (1) The nature and amount of the debt; (2) That we have determined that payment of the debt is overdue; and (3) That we will refer the debt for Administrative Offset (except as provided in paragraph (c)(9) of this section) at the expiration of not less than 60 calendar days after the date of the notice unless, within that 60-day period: (i) The debtor pays the full amount of the debt, or (ii) The debtor takes any of the actions described in paragraphs (… | |||||
| 20:20:2.0.1.1.11.9.483.19 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.833 Administrative wage garnishment for administrative debts. | SSA | (a) Purpose. This part prescribes the standards and procedures for collecting money from a debtor's disposable pay by means of Administrative Wage Garnishment to satisfy delinquent non-tax debts owed to us, the Social Security Administration. (b) Authority. These standards and procedures are authorized under the wage garnishment provisions of the Debt Collection Improvement Act of 1996, codified at 31 U.S.C. 3720D, and the Department of the Treasury's (Treasury) Administrative Wage Garnishment regulation at 31 CFR 285.11. (1) This part will apply notwithstanding any provision of State law. (2) Nothing in this part precludes the compromise of a debt or the suspension or termination of collection action in accordance with § 422.803 of this title or other applicable law or regulation, and the Commissioner has retained the authority. The Department of Justice has exclusive authority to suspend or terminate collection action on a debt affected by fraud. (3) The receipt of payments pursuant to this part does not preclude us from pursuing other debt collection remedies, including the offset of Federal or State payments to satisfy delinquent non-tax debt owed to the United States. We will pursue such debt collection remedies separately or in conjunction with Administrative Wage Garnishment. (4) This section does not apply to the collection of delinquent non-tax debts owed to the United States from the wages of Federal employees from their Federal employment. Federal pay is subject to the Federal Salary Offset procedures set forth in 5 U.S.C. 5514 and other applicable laws. (5) Nothing in this section requires us to duplicate notices or administrative proceedings required by contract or other laws or regulations. (c) Definitions. In this section, the following definitions will apply: (1) Business day means Monday through Friday. For purposes of computation, the last day of the period will be included unless it is a Federal legal holiday, in which case the next business day following the holiday will be con… | |||||
| 20:20:2.0.1.1.11.9.483.2 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.803 Collection activities. | SSA | (a) We will collect all administrative debts arising out of our activities or that are referred or transferred to us, the Social Security Administration, for collection actions. We will send an initial written demand for payment no later than 30 days after an appropriate official determines that a debt exists. (b) In accordance with 31 CFR 285.12(c) and (g), we transfer legally enforceable administrative debts that are 120 calendar days or more delinquent to Treasury for debt collection services ( i.e., cross-servicing). This requirement does not apply to any debt that: (1) Is in litigation or foreclosure; (2) Will be disposed of under an approved asset sale program within one year of becoming eligible for sale; (3) Has been referred to a private collection contractor for a period acceptable to the Secretary of the Treasury; (4) Is at a debt collection center for a period of time acceptable to Treasury (see paragraph (c) of this section); (5) Will be collected under internal offset procedures within three years after the debt first became delinquent; or (6) Is exempt from this requirement based on a determination by Treasury that exemption for a certain class of debt is in the best interest of the United States. (c) Pursuant to 31 CFR 285.12(h), we may refer debts less than 120 calendar days delinquent to Treasury or, with the consent of Treasury, to a Treasury-designated debt collection center to accomplish efficient, cost effective debt collection. Referrals to debt collection centers will be at the discretion of, and for a period acceptable to, the Secretary of the Treasury. Referrals may be for servicing, collection, compromise, suspension, or termination of collection action. (d) We may refer delinquent administrative debts to Treasury for offset through the Treasury Offset Program (TOP). Administered by Treasury, TOP's centralized offset process permits Treasury to withhold funds payable by the United States to a person to collect and satisfy delinquent debts the person owes Federal agencies and S… | |||||
| 20:20:2.0.1.1.11.9.483.20 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.835 Debt reporting and use of credit reporting agencies. | SSA | (a) Reporting delinquent debts. (1) We may report delinquent debts over $25 to credit bureaus or other automated databases. (2) We will report administrative debts owed by individuals to consumer reporting agencies pursuant to 5 U.S.C. 552a(b)(12). We may disclose only the individual's name, address, and Social Security number and the nature, amount, status, and history of the debt. (3) Once we refer a debt to the Department of the Treasury (Treasury) for collection, Treasury may handle any subsequent reporting to or updating of a credit bureau or other automated database. (4) Where there is reason to believe that a debtor has filed a bankruptcy petition, prior to proceeding under this paragraph (a), we will contact the Office of the General Counsel for legal advice concerning the impact of the Bankruptcy Code, particularly with respect to the applicability of the automatic stay, 11 U.S.C. 362, and the procedures for obtaining relief from such stay. (5) If the debtor has not received prior notice under § 422.805, before reporting a delinquent debt under this section, we will provide the debtor at least 60 days notice including: (i) The amount and nature of the debt; (ii) That the debt is delinquent and that we intend to report the debt to a credit bureau; (iii) The specific information that we will disclose; (iv) The right to dispute the accuracy and validity of the information being disclosed; and (v) If a previous opportunity was not provided, the right to request review of the debt or rescheduling of payment. (b) Use of credit reporting agencies. We may use credit-reporting agencies to determine a debtor's ability to repay a debt and to locate debtors. In the case of an individual, we may disclose, as a routine use under 5 U.S.C. 552a(b)(3), only the individual's name, address, and Social Security number, and the purpose for which the information will be used. | |||||
| 20:20:2.0.1.1.11.9.483.21 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.837 Contracting with private collection contractors and with entities that locate and recover unclaimed assets. | SSA | (a) Subject to the provisions of paragraph (b) of this section, we may contract with private collection contractors to recover delinquent debts, if: (1) We retain the authority to resolve disputes, compromise debts, suspend or terminate collection action, and, as appropriate, to refer debts to the Department of Justice for review and litigation; (2) The private collection contractor is not allowed to offer the debtor, as an incentive for payment, the opportunity to pay the debt less the private collection contractor's fee, unless we have granted such authority prior to the offer; (3) The contract provides that the private collection contractor is subject to the Privacy Act of 1974 to the extent specified in 5 U.S.C. 552a(m) and to applicable Federal and State laws and regulations pertaining to debt collection practices, including, but not limited, to the Fair Debt Collection Practices Act, 15 U.S.C. 1692; and (4) The private collection contractor is required to account for all amounts collected. (b) We will use government-wide debt collection contracts to obtain debt collection services provided by private collection contractors. However, we may refer debts to private collection contractors pursuant to a contract between the agency and the private collection contractor only if such debts are not subject to the requirement to transfer debts to the Treasury for debt collection under 31 U.S.C. 3711(g) and 31 CFR 285.12(e). (c) Debts arising under the Social Security Act (which can be collected by private collection contractors only by Department of the Treasury (Treasury) after the debt has been referred to Treasury for collection) are excluded from this section. (d) We may fund private collection contractor contracts in accordance with 31 U.S.C. 3718(d) or as otherwise permitted by law. A contract under paragraph (a) of this section may provide that the fee a private collection contractor charges the agency for collecting the debt is payable from the amounts collected. (e) We may enter into contracts for lo… | |||||
| 20:20:2.0.1.1.11.9.483.22 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.839 Offset against amounts payable from civil service retirement and disability fund and the Federal employees' retirement system. | SSA | Upon providing the Office of Personnel Management (OPM) written certification that a debtor has been afforded the procedures provided in § 422.823 of this part, we may request OPM to offset a debtor's anticipated or future benefit payments under the Civil Service Retirement and Disability Fund (Fund) and the Federal Employees' Retirement System (FERS) in accordance with regulations codified at 5 CFR 831.1801 through 831.1808, and 5 CFR part 845 Subpart D. Upon receipt of such a request, OPM will identify and “flag” a debtor's account in anticipation of the time when the debtor requests, or becomes eligible to receive, payments from the Fund or FERS. | |||||
| 20:20:2.0.1.1.11.9.483.23 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.842 Liquidation of collateral. | SSA | (a)(1) If the debtor fails to pay the debt(s) within a reasonable time after demand and if such action is in the best interests of the United States, we will liquidate security or collateral through the exercise of a power of sale in the security instrument or a non-judicial foreclosure and apply the proceeds to the applicable debt(s). (2) Collection from other sources, including liquidation of security or collateral, is not a prerequisite to requiring payment by a surety, insurer, or guarantor unless such action is expressly required by statute or contract. (3) We will give the debtor reasonable notice of the sale and an accounting of any surplus proceeds and will comply with other requirements under law or contract. (b) Where there is reason to believe that a bankruptcy petition has been filed with respect to a debtor, we will contact the Office of the General Counsel for legal advice concerning the impact of the Bankruptcy Code, particularly with respect to the applicability of the automatic stay, 11 U.S.C. 362, and the procedures for obtaining relief from such stay prior to proceeding under paragraph (a) of this section. | |||||
| 20:20:2.0.1.1.11.9.483.24 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.846 Bases for compromise. | SSA | (a) Scope and application —(1) Scope. The standards set forth in this subpart apply to the compromise of administrative debts pursuant to 31 U.S.C. 3711. We may exercise such compromise authority for debts arising out of activities of, or referred or transferred for collection services to, the agency when the amount of the debt then due, exclusive of interest, penalties, and administrative costs, does not exceed $100,000 or any higher amount authorized by the Attorney General. (2) Application. Unless otherwise provided by law, when the principal balance of a debt, exclusive of interest, penalties, and administrative costs, exceeds $100,000 or any higher amount authorized by the Attorney General, the authority to accept a compromise rests with the Department of Justice (DOJ). We will evaluate the compromise offer using the factors set forth in this subpart. If an offer to compromise any debt in excess of $100,000 is acceptable to the agency, we will refer the debt to the Civil Division or other appropriate litigating division in the DOJ using a Claims Collection Litigation Report (CCLR). A CCLR may be obtained from the DOJ's National Central Intake Facility. The referral will include appropriate financial information and a recommendation for the acceptance of the compromise offer. DOJ approval is not required if we reject a compromise offer. (b) Bases for compromise —(1) Compromise. We may compromise a debt if the agency cannot collect the full amount based upon the debtor's inability to pay, inability to collect the full debt, the cost of collection, or if we are doubtful that the debt can be proven in court. (i) Inability to pay. We may compromise a debt if the debtor is unable to pay the full amount in a reasonable time, as verified through credit reports or other financial information. In determining a debtor's inability to pay the full amount of the debt within a reasonable time, we will obtain and verify the debtor's claim of inability to pay by using credit reports and/or a current financial st… | |||||
| 20:20:2.0.1.1.11.9.483.25 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.848 Suspension and termination of collection activities. | SSA | [80 FR 61734, Oct. 14, 2015, as amended at 88 FR 1329, Jan. 10, 2023] | (a) Scope and application —(1) Scope. The standards set forth in this subpart apply to the suspension or termination of collection activity pursuant to 31 U.S.C. 3711 on debts that do not appear to be fraudulent or that do not exceed $100,000, or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs, after deducting the amount of partial payments or collections, if any. Prior to referring a debt to the Department of Justice (DOJ) for litigation, we may suspend or terminate collection under this subpart with respect to such debts that arise out of the activities of, or are referred or transferred for collection services to, the agency. (2) Application. (i) If the debt stems from a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim or after deducting the amount of partial payments or collections, the principal amount of the debt exceeds $100,000, or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs, the authority to suspend or terminate rests solely with the DOJ. (ii) If we believe that suspension or termination of any debt that relates to a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim or that exceeds $100,000 may be appropriate, we will use the Claims Collection Litigation Report to refer the debt to the Civil Division or other appropriate litigating division in the DOJ. The referral will specify the reasons for our recommendation. If, prior to referral to the DOJ, we determine that a debt is plainly erroneous or clearly without merit, we may terminate collection activity regardless of the suspected fraud or amount involved without obtaining the DOJ's concurrence. (b) Suspension of collection activity. (1) We may suspend collection activity on a debt when: (i) The debtor cannot be located; (ii) The debtor's financial condition is not expected to improve; or (iii) The debtor… | ||||
| 20:20:2.0.1.1.11.9.483.26 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.850 Referrals to the Department of Justice. | SSA | (a) Prompt referral. (1)(i) We will promptly refer to the Department of Justice (DOJ) for litigation debts on which aggressive collection activity has been taken in accordance with § 422.803, and that cannot be compromised, or on which collection activity cannot be suspended or terminated, in accordance with § 422.848. (ii) We may refer debts arising out of activities of, or referred or transferred for collection services to, the agency to DOJ for litigation. (2)(i) Debts for which the principal amount is over $100,000 or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs will be referred to the Civil Division or other division responsible for litigating such debts at the DOJ. (ii) Debts for which the principal amount is $1,000,000 or less, or such other amount as the Attorney General may direct, exclusive of interest, penalties, and administrative costs will be referred to the Nationwide Central Intake Facility at the DOJ as required by the Claims Collections Litigation Report (CCLR) instructions. (3)(i) Consistent with aggressive agency collection activity and the standards contained in this part and 31 CFR parts 900 through 904, debts will be referred to the DOJ as early as possible and, in any event, well within the period for initiating timely lawsuits against the debtors. (ii) We will make every effort to refer delinquent debts to the DOJ for litigation within one year of the date such debts last became delinquent. In the case of guaranteed or insured loans, we will make every effort to refer these delinquent debts to the DOJ for litigation within one year from the date the debt was known to the agency. (4) The DOJ has exclusive jurisdiction over debts referred to it pursuant to this subpart. Upon referral of a debt to the DOJ, we will: (i) Immediately terminate the use of any administrative collection activities to collect the debt; (ii) Advise the DOJ of the collection tools utilized and the results of activities to date; and (iii) R… | |||||
| 20:20:2.0.1.1.11.9.483.3 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.805 Demand for payment. | SSA | (a) Written demand for payment. (1) We will make a written demand, as described in paragraph (b) of this section, promptly to a debtor in terms that inform the debtor of the consequences of failing to cooperate with us to resolve the debt. (2) We will send a demand letter no later than 30 days after the appropriate official determines that the debt exists. We will send the demand letter to the debtor's last known address. (3) When necessary to protect the Government's interest, we may take appropriate action under this part, including immediate referral to DOJ for litigation, before sending the written demand for payment. (b) Demand letters. The specific content, timing, and number of demand letters will depend upon the type and amount of the debt and the debtor's response, if any, to our letters or telephone calls. (1) The written demand for payment will include the following information: (i) The nature and amount of the debt, including the basis for the indebtedness; (ii) The date by which payment should be made to avoid late charges and enforced collection, which must be no later than 30 days from the date the demand letter is mailed; (iii) Where applicable, the standards for imposing any interest, penalties, or administrative costs as specified under § 422.807; (iv) The rights, if any, the debtor may have to: (A) Seek review of our determination of the debt, and for purposes of salary offset or Administrative Wage Garnishment, request a hearing. To request a hearing see §§ 422.810(h) and 422.833(f)); and (B) Enter into a reasonable repayment agreement when necessary and authorized. (v) An explanation of how the debtor may exercise any of the rights described in paragraph (b)(1)(iv) of this section; (vi) The name, address, and phone number of a contact person or office to address any debt-related matters; and (vii) Our remedies to enforce payment of the debt, which may include: (A) Garnishing the debtor's wages through Administrative Wage Garnishment; (B) Offsetting any Federal or State paym… | |||||
| 20:20:2.0.1.1.11.9.483.4 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.807 Interest, penalties, and administrative costs. | SSA | (a) Except as provided in paragraphs (g), (h), and (i) of this section, we will charge interest, penalties, and administrative costs on delinquent debts owed to the United States. These charges will continue to accrue until the debtor pays the debt in full or otherwise resolves the debt through compromise, termination, or an approved waiver. (b) Interest. We will charge interest on delinquent administrative debts owed the agency as follows: (1) Interest will accrue from the date of delinquency or as otherwise provided by law. For debts not paid by the date specified in the written demand for payment made under § 422.805, the date of delinquency is the date of mailing of the notice. The date of delinquency for an installment payment is the due date specified in the payment agreement. (2) Unless a different rate is prescribed by statute, contract, or a repayment agreement, the rate of interest charged will be the rate established annually by the Treasury pursuant to 31 U.S.C. 3717. We may charge a higher rate if necessary to protect the rights of the United States, and the Commissioner has determined and documented a higher rate for delinquent debt is required to protect the Government's interests. (3) Unless prescribed by statute or contract, the initial rate of interest charged will remain fixed for the duration of the indebtedness. A debtor who defaults on a repayment agreement may seek to enter into a new agreement. If we agree to a new agreement, we may require additional financial information and payment of interest at a new rate that reflects the Treasury rate in effect at the time the new agreement is executed or at a higher rate consistent with paragraph (b)(2) of this section. Interest will not be compounded. That is, we will not charge interest on the interest, penalties, or administrative costs required by this section, except as permitted by statute or contract. If, however, the debtor defaults on a previous repayment agreement, we will add charges that accrued but were not collected under the de… | |||||
| 20:20:2.0.1.1.11.9.483.5 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.809 Collection in installments. | SSA | Whenever feasible, we will collect the total amount of a debt in one lump sum payment. If a debtor claims a financial inability to pay a debt in one lump sum, by funds or Administrative Offset, we may accept payment in regular installments provided the debtor establishes the financial need and no evidence indicates that fraud or similar fault affected the debt. We will request financial statements from debtors who represent that they are unable to pay in one lump sum and independently verify such representations as described in § 422.846. (a) When we agree to accept payments in regular installments, we will obtain a legally enforceable written agreement from the debtor that specifies all the terms and conditions of the agreement and includes a provision accelerating the debt in the event of a default. (b) The size and frequency of the payments will reasonably relate to the size of the debt and the debtor's ability to pay. Whenever feasible, the installment agreement will provide for full payment of the debt, including interest and charges, in three years or less. (c) When appropriate, the agreement will include a provision identifying security obtained from the debtor for the deferred payments, such as a surety bond or confession of judgment supporting a lien on any property of the debtor. (d) An approved installment agreement does not prevent the use of Administrative Wage Garnishment or other collection tools in this subpart. | |||||
| 20:20:2.0.1.1.11.9.483.6 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.810 Salary offset for current employees. | SSA | (a) Purpose. This part prescribes the Social Security Administration's (SSA) standards and procedures for the collection of debts owed by current SSA employees to SSA through involuntary salary offset. (b) Authority. 5 U.S.C. 5514; 5 CFR part 550. (c) Scope. (1) This part applies to internal collections of debt by Administrative Offset from the current pay accounts of SSA employees without his or her consent. The part does not apply to current SSA employees indebted to another Federal agency or employees who separate from SSA. (2) The procedures contained in this part do not apply to any case where an employee consents to collection through deduction(s) from the employee's pay account, or to debts arising under the Internal Revenue Code or the tariff laws of the United States, or where another statute explicitly provides for or prohibits collection of a debt by salary offset (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108). (3) This part does not preclude an employee from requesting a waiver of an erroneous payment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716, or in any way questioning the amount or validity of a debt. Similarly, this part does not preclude an employee from requesting waiver of the collection of a debt under any other applicable statutory authority. (4) Provided a debt is not affected by fraud and does not exceed $100,000, nothing in this part precludes the compromise of the debt or the suspension or termination of collection actions in accordance with §§ 422.846 and 422.848 of this title. (d) Definitions. Administrative Offset means withholding funds payable by the United States to, or held by the United States for, a person to satisfy a debt owed by the payee. Agency means an executive department or agency, a military department, the United States Postal Service, the Postal Rate Commission, the United States Senate, the United States House of Representatives, a court, court administrative office, or instrumentality in the judicia… | |||||
| 20:20:2.0.1.1.11.9.483.7 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.811 Discretionary referral for cross-servicing. | SSA | We may refer legally enforceable non-tax administrative debts that are less than 120 calendar days delinquent to the Department of the Treasury (Treasury) or to Treasury-designated “debt collection centers” in accordance with 31 CFR 285.12 to accomplish efficient, cost effective debt collection. | |||||
| 20:20:2.0.1.1.11.9.483.8 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.813 Mandatory referral for cross-servicing. | SSA | (a) Pursuant to the cross-servicing process, creditor agencies must transfer any eligible debt more than 120 calendar days delinquent to the Department of the Treasury (Treasury) for debt collection services. As one such agency, pursuant to 31 CFR 285.12, we are required to transfer to Treasury any legally enforceable nontax debt in excess of $25. We may transfer to Treasury any combination of legally enforceable nontax debts less than $25 that exceeds $25 (in the case of a debtor whose taxpayer identification number (TIN) is unknown, the applicable threshold is $100) that has or have been delinquent for a period of 120 calendar days. Treasury will take appropriate action on behalf of the creditor agency to collect, compromise, suspend, or terminate collection of the debt, including use of debt collection centers and private collection contractors to collect the debt or terminate collection action. (b) Debts not eligible for mandatory referral of paragraph (a) of this section include: (1) Debts owed by a Federal agency; (2) Debts owed by a deceased debtor; (3) Debts not legally enforceable: A debt is considered legally enforceable for purposes of referral to the Treasury's Bureau of the Fiscal Service if there has been a final agency determination that the debt is due and there are no legal bars to collection; (4) Debts that are the subject of an administrative appeal until the appeal is concluded and the amount of the debt is fixed; (5) Debts owed by a debtor who has filed for bankruptcy protection or the debt has been discharged in bankruptcy proceeding; or (6) Debts that are less than $25 (including interest, penalties, and administrative costs). (c) A debt is considered delinquent for purposes of this section if it is 120 calendar days past due and is legally enforceable. A debt is past due if it has not been paid by the date specified in the agency's initial written demand for payment or applicable agreement or instrument (including a post-delinquency payment agreement) unless other satisfactory paym… | |||||
| 20:20:2.0.1.1.11.9.483.9 | 20 | Employees' Benefits | III | 422 | PART 422—ORGANIZATION AND PROCEDURES | I | Subpart I—Administrative Claims Collection | § 422.815 Referral of administrative debts to the Department of the Treasury. | SSA | (a) Agencies are required by law to transfer delinquent, nontax, and legally enforceable debts to Department of the Treasury (Treasury) for collection through cross-servicing and through centralized Administrative Offset. Additionally, we may transfer debts to the Treasury for collection through Administrative Wage Garnishment. Agencies need not make duplicate referrals to Treasury for all these purposes; we may refer a debt to Treasury for purposes of simultaneous collection by cross-servicing, centralized Administrative Offset, and Administrative Wage Garnishment where applicable. However, in some instances a debt exempt from cross-servicing collection may be subject to collection by centralized Administrative Offset, so simultaneous referrals are not always appropriate. (b) When we refer or transfer administrative debts to Treasury, or Treasury-designated debt collection centers under the authority of 31 U.S.C. 3711(g), Treasury will service, collect, or compromise the debts, or Treasury will suspend or terminate the collection action, in accordance with the statutory requirements and authorities applicable to the collection of such debts. (c) Debts that are not required for referral include: (1) Debts delinquent for 120 calendar days or less; (2) Debts less than $100 and we are unable to obtain the debtor's taxpayer identification number; (3) Debts in litigation or foreclosure as defined in 31 CFR 285.12(d)(2); (4) Debts that have been referred to a private collection contractor for a period acceptable to Treasury; (5) Debts that will be disposed of under an approved asset sale program as defined in 31 CFR 285.12(d)(3)(i); (6) Debts that will be collected under internal offset procedures within three years after the debt first became delinquent; (7) Debts at a debt collection center for a period of time acceptable to Treasury; or (8) Debts exempt from this requirement based on a determination by the Secretary of the Treasury that exemption for a certain class of debt is in the best interest of the U… |
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