A debtor whose wages are subject to AWG may, at any time, request a review of the
                  amount or percentage garnished based on materially changed circumstances such as disability,
                  divorce, or catastrophic illness which result in financial hardship.
               
               Important: SSA will not reduce the amount the employer withholds from someone's pay if the
                  debt was caused by intentional false statement or willful concealment of or failure
                  to furnish material information. (Willful concealment means an intentional, knowing
                  and purposeful delay in providing or failure to furnish material information.) Do
                  not take action on a request for lower garnishment amount due to hardship when the
                  debt was caused by intentional false statement or willful concealment of or failure
                  to furnish material information.
               
               The procedure for handling a debtor's request for a lower garnishment amount depends
                  upon whether SSA can approve the request immediately, or SSA requires financial information
                  from the debtor before deciding on the request. SSA's approval can be granted immediately
                  when: (1) the person agrees to a garnishment amount that is at least $10 per pay and
                  which would permit collection within 12 months, and (2) the person agrees to a garnishment
                  amount of at least $10 per pay that will recover the debt within 60 months and the
                  person can demonstrate that a higher amount would prevent the payment of ordinary
                  and necessary living expenses.
               
               “Ordinary and necessary living expenses” include fixed expenses such as food, clothing, housing, utilities, maintenance, insurance,
                  tax payments, medical, hospitalization and similar expenses, expenses for the support
                  of others for whom they are legally responsible, and other reasonable and necessary
                  miscellaneous expenses which are part of their standard of living. See GN 02201.041B.5.a. for instructions on processing immediate approvals of hardship requests.
               
               Note: A request for hardship does not prevent or stop TOP or credit bureau reporting.
               
               
                  
                     a. Immediate approval of hardship request – TSC/FO/PC action
                     
                   
                  
                     The process for granting an immediate approval of a hardship request is the same for
                        the TSC, FO and PC. Proceed as follows when granting immediate approval:
                     
                     
                        - 
                           
                              • 
                                 Negotiate the highest garnishment amount but not less than $10 per pay. If the debtor
                                    alleges not being able to pay $10 per pay, explain that $10 is the minimum amount
                                    SSA can accept.
                                  
 
 
- 
                           
                              • 
                                 If the debtor offers to repay the debt at the rate of at least $10 per pay and that
                                    rate would recover the debt within 12 months, enter the negotiated amount or percentage
                                    on the AWG Update Garnishment Information (TRGA) screen. (See MSOM DMS 014.014 ).
                                    This will result in an automated notice to the employer and the debtor advising them
                                    of the reduced garnishment amount.
                                  
 
 
- 
                           
                              • 
                                 If the debtor offers to repay the debt at the rate of at least $10 per pay and that
                                    rate would recover the debt within 60 months, advise the debtor that SSA will grant
                                    the lower amount if answers to the following questions indicate hardship (i.e., expenses
                                    exceed income and assets):
                                  
                                    - 
                                       
                                          1.  
                                             What is the amount of your income (weekly or monthly)? 
 
 
- 
                                       
                                          2.  
                                             How much do you pay each week or month for ordinary and necessary living expenses? 
 
 
- 
                                       
                                          3.  
                                             Do you have a savings account, certificate of deposit (CD) or an individual retirement
                                                account (IRA)? If “yes” record the type of account and the value. If “no”, indicate “caller alleges no assets”.
                                              
 
 
 
 
 
                        - 
                           
                              • 
                                 Enter the negotiated dollar amount or percentage on the AWG Update Garnishment Information
                                    (TRGA) screen. See MSOM DMS 014.014 for more detailed information about that screen.
                                    The system will send an automated notice to the employer and the debtor advising them
                                    of the lowered garnishment amount.
                                  
 
 
 
                
               
                  
                     b. Immediate approval not possible
                     
                   
                  
                     TSC Action
                     
                        - 
                           
                              • 
                                 Enter the hardship requested on the AWG Suspend Garnishment for Hardship (TRSU) screen.
                                    See MSOM DMS 014.013 for more detailed information about the screen.
                                  
 
 
- 
                           
                              • 
                                 Advise the caller that in order to consider his/her request for hardship, documentation
                                    of income, assets and expenses is required.
                                  
 
 
- 
                           
                              • 
                                 Cross-out section 1 (page 2) on the SSA-634, annotate "AWG Withholding Request", and
                                    include a courtesy return envelope to the servicing FO.
                                  
 
 
- 
                           
                              • 
                                 Send the caller a SSA-634 to complete. 
 
 
- 
                           
                              • 
                                 Advise the caller that we will review the SSA-634 and the hardship request. When we
                                    complete our action, we will send a written notice with our decision to the debtor.
                                  
 
 
- 
                           
                              • 
                                 Record the action taken and needed on DMS Remarks. 
 
 
FO/DMS Action
                     
                        - 
                           
                              • 
                                 Check to make sure the AWG Suspend Garnishment for Hardship (TRSU) screen has been
                                    input. See MSOM DMS 014.013. If not, make appropriate input to the screen.
                                  
 
 
- 
                           
                              • 
                                 Advise the person that in order to consider his/her request for hardship, documentation
                                    of income, assets and expenses is required.
                                  
 
 
- 
                           
                              • 
                                 Cross-out section 1 (page 2) on the SSA-634, annotate "AWG Withholding Request", and
                                    give the caller the SSA-634 to complete.
                                  
 
 
- 
                           
                              • 
                                 Advise the caller that we will review the SSA-634 and the hardship request. When we
                                    complete our action, we will send a written notice with our decision to the debtor.
                                  
 
 
- 
                           
                              • 
                                 If the decision is to grant the request for a lower garnishment amount due to hardship,
                                    enter the negotiated amount or percentage on the AWG Update Garnishment Information
                                    (TRGA) screen. (See MSOM DMS 014.014).
                                  
 
 
- 
                           
                              • 
                                 If the decision is to deny the request for a lower garnishment amount, select "Resume
                                    Garnishment" on the AWG Update Garnishment Information (TRGA) screen. (See MSOM DMS
                                    014.014).
                                  
 
 
- 
                           
                              • 
                                 If the "Resume Garnishment" field on the TRGA screen is selected, an automated notice
                                    will be sent to the employer asking that the garnishment be resumed and a copy of
                                    the notice will be sent to the debtor.
                                  
 
 
- 
                           
                              • 
                                 If a new amount or new percentage has been entered on the TRGA screen BEFORE the garnishment
                                    package is sent to the employer, no notice is sent to the employer. If a decision
                                    is made AFTER the garnishment package is sent to the employer, an automated notice
                                    will be sent to the employer advising them of the new garnishment amount or percentage.
                                  
 
 
- 
                           
                              • 
                                 Record the action taken and needed on DMS Remarks.