We waive the recovery of an overpayment only if the liable recipient is without fault in causing the overpayment, and recovery or adjustment would:

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  Defeat the purpose of Title XVI of the Act; or

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  Be against equity and good conscience; or

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  Impede effective or efficient administration of Title XVI of the Act because of the amount involved.

The effect of an approved waiver is to relieve the overpaid recipient, their estate, or their spouse (and the spouse’s estate) of the obligation to repay the overpayment.

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  An SSI recipient (or their representative) may request a waiver at any time.

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  An SSI recipient (or representative) may make a second or subsequent waiver request even if we denied the prior request and the due process period has expired.

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  A recipient may request a waiver after we have started recovery, or even after we have completely recovered the overpayment.

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  If the liable party makes a second or subsequent waiver request on an overpayment, but provides no new or material facts or evidence, we may deny the request without making a new determination, based on res judicata. For instructions on res judicata for SSI overpayments, see SI 02260.008.

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  If the total overpayment is $2,000.01 or more, the debtor must request a waiver in writing, over the recipient’s signature (or that of their representative payee, legal counsel, or other appointed representative).

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  If the original overpayment, not the balance, is $2,000.00 or less, the recipient, representative payee, or other authorized representative may make a verbal waiver request.

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  Technicians may not initiate waiver processing unless the debtor (or representative) requests a waiver.

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  Even if the written request does not contain all the information required on Form SSA-632-BK (Request for Waiver of Overpayment Recovery), we acknowledge it as a request for waiver.

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  The date of the waiver request is the date the field office (FO) receives the written request.

For basic waiver policy, see SI 02260.001. For administrative waiver policy, see SI 02260.030. Technicians must document the date of the verbal waiver request on the Report of Contact page in the Consolidated Claims Experience (CCE). For more information on the Report of Contact page in CCE, see MS 08122.010. For non-MSSICS/CCE cases, record the verbal waiver request on the SSA-5002 (Report of Contact) and fax it into Non-Disability Repository for Evidentiary Documents (NDRed) using the Evidence Portal (EP). For more information on EP, see MS 09701.001.

A request for waiver stops recovery or adjustment effective with the month we receive the written waiver request. We do not resume recovery or adjustment until we make the waiver determination.

If you cannot approve the waiver within 10 days of the request:

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  Stop recovery or adjustment; and

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  Refund, the amount recovered for the month of the waiver request and any subsequent month.

1. a. 

   When the original overpayment amount is $2,000.01 or more, the waiver request must be in writing, on a form SSA-632-BK or other paper document, and over the recipient’s signature or over the signature of the recipient's representative payee, legal counsel or other appointed representative. Even if it is incomplete we acknowledge this document as a waiver request.

2. b. 

   If a person submits an SSA-561-U2, Request for Reconsideration, for a Title XVI overpayment and the original overpayment amount is:

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  $2,000.00 or less - stop recovery and process the SSA-561-U2 as a request for waiver of overpayment recovery. (For additional administrative waiver instructions, see SI 02260.030.)

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  $2,000.01 or more - process the SSA-561-U2 as a reconsideration request per SI 02220.017.

If the overpayment is concurrent, see the NOTE: in GN 03102.225B.6.

The waiver request date is the date the FO receives the written waiver request.

1. a. 

   If you cannot make the waiver determination within 10 days of the waiver request date you must:

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     Stop all recovery or adjustment actions.

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     Refund the amount recovered in the month the recipient filed the request for waiver and any subsequent months. (Use the A-OTP process to refund the recovered amount(s).) For instructions on the A-OTP process, see SM 01901.005 and MS 00304.007 through MS 00304.009 and MS 00303.022.

2. b. 

   Fax all pertinent evidence the recipient provided, or that you obtained while developing the waiver into NDRed using the Evidence Portal (EP). Include Form SSA-632, paystubs, etc.

3. c. 

   Do not refund any funds we collected for months(s) before the month the FO received the waiver request.

4. d. 

   Do not refund payments withheld if we have made another collect decision (i.e., different period of overpayment) or the recipient has an unresolved overpayment.

1. a. 

   Develop only for the person(s) who is or are liable for making repayment.

   For a discussion of liability when the recipient has a representative payee, see SI 02201.020 through SI 02201.023 and SI 02201.025.

   NOTE: Effective 12/04/2008, a representative payee (or their estate) is solely liable for repaying SSI payments the representative payee received on behalf of a deceased recipient for month(s) after the month of the recipient’s death. See SI 02201.005.

2. b. 

   If the disposition is to administratively waive the overpayment, follow the documentation requirements in SI 02260.030C.5. (listing the requester’s name and relationship to the overpaid recipient, the overpayment amount, overpayment period, overpayment sequence number, the documents and records the technician used to make the waiver determination, and the date and method by which we received the waiver request [e.g., via telephone or in-office visit].

3. c. 

   For other waiver approvals and proposed waiver denials, document the case file with your determination using the Report of Contact Page in CCE. For non-MSSICS/CCE cases, document the case on a SSA-5002 and fax it into NDRed using the Evidence Portal (EP). Provide details on the basis for your decision of the following factors:

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     Determination regarding fault or without fault per SI 02260.010 and SI 02260.015; and

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     Determination regarding whether the debtor meets or doesn’t meet the requirements of:

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       Defeat the purpose per SI 02260.020; or

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       Against equity and good conscience per SI 02260.025; or

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       If resources exceed the limit per SI 02260.035; and

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     Fax all pertinent evidence (provided by the debtor or obtained while developing the waiver) into NDRed using the Evidence Portal (EP), including form SSA-632, pay stubs, etc.

1. a. 

   Post the approved waiver decision to the SSR using MSSICS Direct SSR Update and the UOWV screen. For instructions, see MS 00304.009.

2. b. 

   Follow management review guidelines per SI 02220.005 for overpayments of $2,000.01 or more.

3. c. 

   Refund any funds recovered for the period covered by the approved waiver request. If the system does not automatically issue the refund after the technician inputs the waiver approval, use the A-OTP process to refund the recovered amount. For instructions on the A-OTP process, see SM 01901.005 and MS 00304.003 through MS 00304.009 and MS 00303.022.

4. d. 

   If the approved waiver covers months in which we adjusted payments to recover the waived overpayment, refund the withheld amount.

5. e. 

   Do not provide a refund if we have made another collect decision (i.e., different period of overpayment) or the recipient has an unresolved overpayment.

6. f. 

   If the liable person is a legal guardian or representative payee, send the legal guardian or representative a manual notice of an approved request for waiver (DPS notice, Waiver Approved Letter). For more waiver decision notices, see NL 00803.200, Notice of Waiver Decision-General). For a complete list of circumstances that require a manual notice, see NL 00801.010B.2.

If, you make a preliminary decision to deny the overpayment waiver request, you must:

1. a. 

   Document your determination using the Report of Contact page in CCE. For non-MSSICS/CCE cases, document your determination on a SSA-5002 and fax it into NDRed using the Evidence Portal (EP). Be sure your determination answers the following:

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     Was the liable party at fault in causing the overpayment according to SI 02260.010 and SI 02260.015?

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       If yes, who was at fault and why?

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       If no, why were they not at fault?

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     If the recipient or payee was not at fault, refer to the evidence in the file to explain why the recovery did not meet the criteria for either:

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       Impede effective or efficient administration of title XVI of the Act (SI 02260.030);

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       Against equity and good conscience (SI 02260.025);

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       Defeat the purpose of title XVI of the Act (SI 02260.020); or

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       Adverse changes in financial circumstances following a waiver denial (SI 02260.040).

2. b. 

   Use the DPS Notice of Personal Conference & Folder Review (Waiver/Recon). See NL 00703.171 - Personal Conference and Folder Review Scheduled - Waiver. The notice must include the following:

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     The reason we cannot approve the waiver (including the basis of finding that the recipient was at fault, defeat the purpose, or recovery is against equity and good conscience).

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     The appropriate statutory and regulatory basis with a reference to either:

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     Section 1631(b)(1) of the Act, waiver of recovery and

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     Section 1621(e) of the Act, responsibility of an alien's sponsor of the Social Security Act.

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     Always cite sections 416.550-416.555 of title 20 CFR Federal Regulations.

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     The date of the personal conference and the date of the folder review. Allow 5 days between the folder review and personal conference, unless the recipient requests the folder review on the same day as the personal conference.

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     Do not address overpayment recovery (i.e., refund request or payment adjustment).

     Do not input a decision on MSSICS Direct SSR Update or send a notice for the proposed waiver denial. Follow SI 02260.006 for personal conference procedures.