ten percent of the debtor’s income for that month. Such income includes the monthly benefit but excludes payments under title II when we are recovering a title II overpayment from title II benefits and income excluded under section 1612(b) of the Act.
In addition, the law provides that none of the above limits on CPR recovery apply if the debtor requests a greater CPR recovery or if the debtor, or the spouse of the debtor, was involved in willful misrepresentation or concealment of material information in connection with the overpayment amount.
If we terminated or suspended the title II benefit retroactively, the overpayment recovery for the other program ceases as of the current operating month (COM) . Any amount withheld from the title II benefit used to reduce the other program debt effective with the retroactive termination month of is a title II overpayment .
Cessation or suspension of the title II benefit precludes cross program recovery of benefits not regularly paid due to the suspension or cessation. See SM 00610.815 if the ledger account file (LAF) status of the debtor changes from current pay to a non-pay status. Initiate a new CPR action if the debtor becomes eligible again.