20 CFR § 404.540 - Will you receive notice of our intention to apply cross-program recovery?

---
identifier: "/us/cfr/t20/s404.540"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 404.540 - Will you receive notice of our intention to apply cross-program recovery?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "404.540"
section_name: "Will you receive notice of our intention to apply cross-program recovery?"
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "404"
part_name: "FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950-  )"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "404"
---


# 404.540 Will you receive notice of our intention to apply cross-program recovery?

Before we collect an overpayment from you using cross-program recovery, we will send you a written notice that tells you the following information:

(a) We have determined that you owe a specific overpayment balance that can be collected by cross-program recovery;

(b) We will withhold a specific amount from the title VIII or title XVI benefits (see § 404.535);

(c) You may ask us to review this determination that you still owe this overpayment balance;

(d) You may request that we withhold a different amount from your current monthly benefits (the notice will not include this information if § 404.535(d) applies); and

(e) You may ask us to waive collection of this overpayment balance.

[70 FR 15, Jan. 3, 2005]