A waiver may be requested at any time. A waiver may also be requested when:

 

• •

  An individual becomes aware of their liability for repayment of an overpayment, or

• •

  At the same time they appeal the fact or amount of an overpayment, or

• •

  After a denial of a previous waiver request.

 

The fact that an individual is not eligible for or entitled to benefits or that recovery has begun or is completed, is immaterial.

A request for waiver may be a formal request or may be implied. The request may be in various forms:

 

• •

  A request for relief of the overpayment in a letter to a Processing Center (PC) or from a Congressman;

• •

  Verbal request to a field office or teleservice center;

• •

  The tear-off portion of the SSA-3105; or

• •

  The SSA-632-BK, Request for Waiver of Overpayment Recovery, see GN 02250.400.

If an individual contacts us to request a waiver:

 

1. a. 

   Process the waiver request, if the overpayment is $2,000, or less, according to GN 02250.350;

2. b. 

   Send or provide the SSA-632 form to the overpaid individual or representative payee (payee) if the overpayment is over $2,000. Ask the overpaid individual or payee to complete the form and mail it back to their local field office;

3. c. 

   Inform the overpaid individual or payee of the right to obtain representation;

4. d. 

   Inform the overpaid individual or payee of the right to appeal the waiver determination if they disagree with our decision.

Consider any written document a request for waiver as long as the necessary information (i.e. the information requested on the SSA-632-BK) is furnished in a signed statement. If waiver is requested on an SSA-561-U2, see GN 02201.025.

Fully document any waiver request and develop allegations before making a determination. Obtain sufficient information to clarify and document the fault determination, defeats the purpose, and against equity and good conscience determinations. Ask the individual who is requesting the waiver to provide any information that may assist you with making the waiver determination.