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(a) Yes. The EN can keep each milestone and outcome payment for which the EN is eligible, even though the beneficiary does not achieve all 60 outcome months.
(b) Payments which we make or deny to an EN or State VR agency serving a beneficiary as an EN may be subject to adjustment (including recovery, as appropriate) if we determine that more or less than the correct amount was paid. This may happen, for example, because we determine that the payment determination was in error or because of—
(1) An allocation of a payment under §411.560; or
(2) A determination or decision we make about an individual's right to benefits which causes the payment or denial of a payment to be incorrect (see §411.590(d)).
(c) If we determine that an overpayment or underpayment has occurred, we will notify the EN or State VR agency serving a beneficiary as an EN of the adjustment. Any dispute which the EN or State VR agency has regarding the adjustment may be resolved under the rules in §411.590(a) and (b).
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Last reviewed or modified Wednesday Sep 17, 2008 |