If we have not made a final determination on the individual’s waiver or reconsideration
request, pay any underpayment due for the months beginning with the month the individual
submitted the request.
A waiver or a reconsideration determination is pending if:
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•
The 30-day closeout notice (Request for Waiver Cover Letter) for an implied waiver
request has not expired; or
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•
The individual requested a reconsideration or a waiver (or both) but we have not made
a final determination.
NOTE: A proposed determination to deny the waiver includes the opportunity for a personal
conference (see GN 02270.015). Therefore, the final waiver determination is still pending until we have completed
the personal conference.
If the overpaid individual requests a hearing after they have exhausted other administrative
appeal rights, re-initiate collection activity (see GN 02201.027). Withhold any underpayment due for the month the individual requests a hearing and
thereafter until a final decision is made.
EXAMPLE 1:In 12/2016, we notified Shawn Roberts that they were overpaid $5,800 because we did
not terminate their disability benefits timely. In 02/2017, Shawn requested reconsideration
of the overpayment determination and waiver of recovery. In 04/2017, the reconsideration
determination affirmed the overpayment. In 06/2017, Shawn filed for a new period of
disability. We also proposed to deny the waiver request and scheduled a personal conference.
In 08/2017, prior to the scheduled personal conference date in 09/2017, we determined
that Shawn was entitled to a new period of disability effective 06/2017 and was underpaid
$2,310. We would pay the entire underpayment to them since we did not make a final
determination on their 02/2017 waiver request (i.e., the personal conference decision
was pending) and none of the additional benefits represented monies due for the months
before the month Shawn requested waiver (i.e. months prior to 02/2017).
EXAMPLE 2:In 12/2016, we notified Shawn Roberts that they were overpaid $5,800 because we did
not terminate their disability benefits timely. In 02/2017, Shawn requested reconsideration
of the overpayment determination and waiver of recovery. In 04/2017, the reconsideration
determination affirmed the overpayment. In 06/2017, Shawn filed for a new period of
disability. We also proposed to deny the waiver request and scheduled a personal conference.
In 08/2017, prior to the scheduled personal conference date in 09/2017, we determined
that Shawn was entitled to a new period of disability effective 01/2017 and was underpaid $3,310. We would withhold the part of the underpayment representing benefits due for 01/2017
to reduce the overpayment. Because the personal conference decision on the 02/2017
waiver request was still pending, we would pay the part of the underpayment representing
additional benefits for 02/2017 and subsequent months.