---
kind: "section"
citation: "20 C.F.R. § 404.540"
title: "20"
number: "404.540"
heading: "Will you receive notice of our intention to apply cross-program recovery?"
url: "https://uscodex.org/cfr/20/404.540"
---

# §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](/cfr/20/404.535.md));
- (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)](/cfr/20/404.535.md?p=d) applies); and
- (e) You may ask us to waive collection of this overpayment balance.

## Notes

### Amendments

[70 FR 15, Jan. 3, 2005]

### Authority

Authority: Secs. 204, 205(a), 702(a)(5), and 1147 of the Social Security Act (42 U.S.C. 404, 405(a), 902(a)(5), and 1320b-17); 31 U.S.C. 3711; 31 U.S.C. 3716; 31 U.S.C. 3720A.

### Amendments

[70 FR 15, Jan. 3, 2005]