Review the ROAR record on the bottom of the MBR to determine the appeal history of
your case and the date the beneficiary requested their appeal.
ROAR
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Review Action
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BENEFIT line
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Find the current balance due for all overpayments for the beneficiary in BBAL-$$$$$
field.
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EVENT line
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Find the Event Identifier (EI) for the fugitive felon overpayment (e.g., 01, 02) for
fugitive felon warrant in the administrative appeal fields.
Find the Type of Event (TOE) for the fugitive felon overpayment on the EVENT data
line, (e.g., T2 FUF SUS/FEL WAR, OTHER OR CONSOLIDATED LDO).
Find the STATUS of the current recovery effort for the fugitive felon overpayment
(e.g., BEN ADJ, DUE PROCESS).
|
HISTORY line
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Determine when ROAR received the fugitive felon overpayment amount and the administrative
appeal in these fields. Check:
RUN DATE = date of administrative appeal at the field office.
TRANS = 23
AMOUNT = fugitive felon overpayment amount
SRC = 3—DO DOCXXX
WRI-W--WAIVER REQUEST,
or
WRI - R – RECON REQUEST
WRI – H –HEARING REQUEST
NOTE: The RUN DATE must be 01/01/07 or later.
Example of a waiver request on ROAR:
RUN DATE = date of the administrative appeal (waiver request on the fugitive felon
overpayment) at the field office.
TRANS = 23
AMOUNT = fugitive felon overpayment amount
SRC 3—DO DOCXXX
WRI- WAIVER REQUEST
Then followed by the personal conference date:
(ROAR data same as above example except for the following items.)
WRI-P- PERSONAL CONF
SOURCE-XXX WHLD-100.00 COM – 01/07
NOTE: The final decision (e.g., personal conference) HISTORY RUN DATE entry must be 01/01/07
or later to qualify for post-2006 Martinez settlement relief. The HISTORY RUN DATE
entry must be 01/01/07 or later if the WAIVER REQUEST is the only action annotated
to ROAR for the T2 FF SUS/FEL WAR overpayment to qualify for post-2006 Martinez settlement
relief.
|
NOTE: An entry of INFORMAL WAIVER or PART W/H REQUEST on ROAR means the person inquired
about waiver but did not request a waiver, or the person asked about recovery through
partial withholding. Neither effects an administrative appeal. If that entry is the
last entry, give the beneficiary pre-2007 Martinez relief. Process the pre-2007 Martinez
relief for this CCID F3 case following the instructions under GN 02613.865E.7.e. in this section.
Example of ROAR History:
Example
1
RUN DATE TRAN AMOUNT SRC
12/23/05 12 $6705.40
08/11/06 23 $6705.40 3--DO DOC-C51
WRI-N--INFORMAL WAIVER
09/14/06 43 $0.00 SOURCE-C51 WHLD-775.00 COM-10/06
SSC-2
10/19/06 23 $6705.40 3--DO DOC-C51
WRI-W--WAIVER REQUEST
01/03/07 23 $6705.40 3--DO DOC-C51
WRI-P--PERSONAL CONF HLD – 100.00 COM – 01/07
The last administrative appeal decision on this case on 01/03/07.
Example
2
RUN DATE TRAN AMOUNT SRC
11/15/06 12 $9515.00
11/29/06 23 $9515.00 3--DO DOC-927
WRI-N--INFORMAL WAIVER
01/29/07 41 $250.00 SOURCE-927 WHLD-250.00 COM-03/07
LST WH-03/07 SSC-2
04/09/07 23 $9265.00 3--DO DOC-927
WRI-A--PART W/H REQUEST
04/10/07 41 $1350.00 SOURCE-927 WHLD-30.00 COM-05/07
LST WH-01/11 SSC-2
07/01/09 22 $584.00 SSC-T
The beneficiary did not administratively appeal. The final determination made on the
T2 FF SUS/FEL WAR issue was an overpayment determination on 11/15/06. This case qualifies
for pre-2007 Martinez settlement relief instead. Process cases similar to this situation
following the instructions under GN 02613.865E.7.e. in this section.
Carefully review the HISTORY line on the ROAR record for all periods of administrative
appeal. Determine the last level of appeal that the beneficiary requested (i.e., waiver
or reconsideration request, Administrative Law Judge (ALJ) hearing or Appeals Council
(AC) review) for the fugitive felon overpayment based on your review of the ROAR record.
Next, determine the last date of the administrative appeal request:
Status of Administrative Appeal Decision
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Determination for Appeal Date
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closed (PC, ALJ or AC decision on appeal) or
closed (FO decision on waiver) (no higher administrative appeal requested)
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Appeal date equals the date of the determination for the last highest level of appeal
of the fugitive felon suspension overpayment.
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pending (no PC, ALJ or AC decision) or
pending (no final waiver decision) (no higher administrative appeal requested)
|
Appeal date equals the date that the beneficiary filed their latest request for administrative
review, but there is no final decision on the administrative review now.
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Then, process the information for the beneficiary’s last level of appeal per the instructions
in this section for that particular level of appeal.
Waiver or PC Reconsideration appeal cases
Process waiver or reconsideration appeal cases under GN 02613.865E.3. in this section.
NOTE: If the last administrative appeal is at the ALJ level, obtain an administrative appeal
query before processing the case to learn the status of the administrative appeal.
Review the administrative appeals query system in GN 02613.865E.2.c. in this section.
ALJ hearings
To process ALJ cases, see GN 02613.865E.4. in this section.
AC cases
To process AC appeal cases, see GN 02613.865E.5. in this section.