20 C.F.R. § 416.558

Notice relating to overpayments and underpayments

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(a) Notice of overpayment and underpayment determination. Whenever a determination concerning the amount paid and payable for any period is made and it is found that, with respect to any month in the period, more or less than the correct amount was paid, written notice of the correct and incorrect amounts for each such month in the period will be sent to the individual against whom adjustment or recovery of the overpayment as defined in § 416.537(a) may be effected or to whom the underpayment as defined in §§ 416.536 and any amounts subject to installment payments as defined in § 416.544 would be payable, notwithstanding the fact that part or all of the underpayment must be withheld in accordance with § 416.543. When notifying an individual of a determination of overpayment, the Social Security Administration will, in the notice, also advise the individual that adjustment or recovery is required, as set forth in § 416.571, except under certain specified conditions, and of his or her right to request waiver of adjustment or recovery of the overpayment under the provisions of § 416.550.

(b) Notice of waiver determination. Written notice of an initial determination of waiver shall be given the individual in accordance with § 416.1404 unless the individual was not given notice of the overpayment in accordance with paragraph (a) of this section.

[40 FR 47764, Oct. 10, 1975, as amended at 55 FR 33668, Aug. 17, 1990; 60 FR 8150, Feb. 10, 1995; 91 FR 16830, Apr. 3, 2026]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1978–2024 · leading case: Bronstein v. Apfel
Bronstein v. Apfel (2001) cod · cites it 2× “2001)[hereinafter “POMS”]; 1 see 20 C.F.R. § 416.558 (a). The notice must also inform the SSI recipient of his right to appeal the SSA’s overpayment determination by submitting a request for reconsideration and also his right to seek a waiver of the repayment obligation or a…”
Griffin v. Califano (1978) gand · cites it 2× “§ 1383 (c)(1); 20 C.F.R. §§ 416.558 and 416.-1404. She also has the right to a full hearing, following any setoff procedure, to challenge the calculations used by HEW.”
Richter v. Social Security Administration (2019) ned · cites it 2× “See 20 C.F.R. § 416.558 (a) (“Whenever a determination concerning the amount paid and payable for any period is made and it is found that, with respect to any month in the period, more .”
Tarnow v. Commissioner of Social Security (2019) ilnd “See 20 C.F.R. § 416.558 ; POMS SI 02101.001(B)(6), 02101.”
Tarnow v. Commissioner of Social Security (2019) ilnd “See 20 C.F.R. § 416.558 ; POMS SI 02101.001(B)(6), 02101.”
Justice v. Commissioner of Social Security (2024) mdd “at 6; see 20 C.F.R. § 416.558 . But Plaintiff is unlikely to succeed on this claim because, absent a waiver of sovereign immunity, Defendants are immune from suit.”
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