An overpaid person or their representative may request reconsideration when they dispute the fact or amount of an overpayment. The overpaid person may request this appeal by calling the National 800 Number or by calling, visiting, or writing the field office (FO); or by writing the processing center (PC) within 60 days of the date of the initial overpayment notice. For additional instructions about the reconsideration request, see GN 03102.200 and GN 03102.225.

The reconsideration request must be in writing. The written request (e.g. a letter, facsimile, or submission of additional evidence) must clearly imply the recipient’s disagreement with the initial determination.

If the overpaid person requests reconsideration more than 60 days after notification of the overpayment, the PC will need to make a good cause determination before processing the request. For good cause instructions, see GN 03101.020.

When the PC receives an SSA-561-U2, or equivalent documentation requesting a reconsideration (see GN 03102.100C.2) from either the FO or directly from the overpaid person, take the following actions:

1. 1. 

   Ensure that the reasons for appealing the overpayment are clearly documented (see GN 03102.225B.7). For example, “I did not work” or “I did not receive a pension.”

2. 2. 

   Stop recovery using the Protest/Stop Recovery Request (PC) (DRPR) screen in DMS (see MSOM DMS 006.003). Use #4, Recon Fact/Amount, as the protest reason. On the remarks screen annotate “Received SSA-561-U2 for (BIC) on MM/DD/YY.”

3. 3. 

   If the issue is a DCN non-receipt allegation, follow instructions in GN 02406.310.

4. 4. 

   If the SSA-561-U2 indicates that the overpaid person is unable to repay the overpayment and the overpayment is not their fault, continue to process this request as a reconsideration. The form specifically states, “I do not agree with the determination on the above claim and request reconsideration.” When you have completed the reconsideration, forward an MDW to the servicing FO. The FO will process the implied waiver request.

5. 5. 

   If you receive something other than an SSA-561-U2 and the overpaid person indicates:

   • •

     They are unable to repay the overpayment; or

   • •

     The overpayment is not their fault; and

   • •

     There is no indication the overpaid person is disputing the overpayment;

   treat as a waiver only and forward to the FO after making the necessary DMS inputs to stop recovery for a waiver request and annotate DMS remarks.

   See the chart below for specific instructions.

   NOTE: 

   If the overpayment is $2,000 or less and it is clear the overpaid person is not at fault; do not forward to the FO to process the implied waiver request. The PC should process the implied waiver request under the $2,000 Administrative Waiver Tolerance after making the reconsideration determination (see GN 02250.350).

6. 6. 

   Process the request as follows:

   REMINDER: Before processing an affirmation of the reconsideration request, verify that the overpaid person is correctly paid. For example, check to see there was no prior bankruptcy discharge as we do not want to release an incorrect underpayment.

   If	Then
   Reconsideration supports a reversal of the initial finding of overpayment (i.e., there is no overpayment) and waiver (or implied waiver) of recovery was not requested	1.  Annotate the reconsideration determination using an SSA-662 Reconsideration Determination (or the equivalent). (See GN 03102.450) 2.  Annotate the approval using the Fact/Amount Appeal Disposition (DRAD) screen in DMS. (See MSOM DMS 006.011) 3.  Annotate DMS remarks with the determination and that the overpaid person did not request a waiver. 4.  Send the overpaid person a notice explaining the reversal, and include the overpaid person's right to a hearing. 5.  Upload a copy of the SSA-561-U2 and SSA-662 to Evidence Portal, (see MS 09701.001).
   Reconsideration does not completely reverse the overpayment determination and waiver (or implied waiver) of recovery was not requested	1.  Annotate the reconsideration determination using an SSA-662 Reconsideration Determination (or the equivalent). 2.  Send the overpaid person a reconsideration determination notice. Include the following in the notice: • Right to an ALJ hearing; • Recovery will begin (or resume) in 30 days even if a hearing is requested; • The right to request waiver; • Recovery will not begin (or resume) if waiver is requested within 30 days and, if waiver is requested at any time, recovery will stop effective with the date of the waiver request (for sample notices see NL 00703.118 and NL 00703.119). 3.  Annotate the denial using the DRAD screen in DMS. 4.  Annotate DMS remarks with the determination and that the overpaid person did not request a waiver. 5.  Upload a copy of the SSA-561-U2 and SSA-662 to Evidence Portal, (see MS 09701.001).
   Reconsideration supports a reversal of the initial finding of overpayment (i.e., there is no overpayment) and the person requested waiver (or implied waiver) of recovery	1.  Annotate the reconsideration determination using an SSA-662 Reconsideration Determination (or the equivalent). (See GN 03102.450) 2.  Annotate the approval using the Fact/Amount Appeal Disposition (DRAD) screen in DMS. (See MSOM DMS 006.011) 3.  Annotate DMS remarks with the determination and that the overpaid person requested a waiver. 4.  Send the overpaid person a notice explaining the reversal, and include the overpaid person's right to a hearing. 5.  State in the notice that the overpaid person does not need a waiver request on the determination since the overpayment no longer exists. 6.  Upload a copy of the SSA-561-U2 and SSA-662 to Evidence Portal, (see MS 09701.001).
   Reconsideration does not completely reverse the initial overpayment determination; the person requested waiver (or implied waiver) and the overpayment amount is $2,000 or less and it is clear the person is without fault	1.  Annotate the reconsideration determination using an SSA-662 Reconsideration Determination (or the equivalent). 2.  Annotate the denial or partial approval using the DRAD screen in DMS. 3.  Annotate the waiver request using the DRPR screen in DMS. 4.  Process the waiver portion following instructions in GN 02250.350. 5.  Annotate DMS remarks with the determination and that the overpaid person requested a waiver. 6.  Send the overpaid person a notice with both the reconsideration and waiver determinations. Include the overpaid person’s right to request an ALJ hearing. 7.  Upload a copy of the SSA-561-U2 and SSA-662 to Evidence Portal, (see MS 09701.001).
   Reconsideration does not completely reverse the overpayment determination; the person requested waiver (or implied waiver) and the overpayment amount is more than $2,000 or there is some evidence (or question) of at fault,	1.  Annotate the reconsideration determination using an SSA-662 Reconsideration Determination (or the equivalent). 2.  Annotate the denial or partial approval using the DRAD screen in DMS. 3.  Annotate the waiver request using the DRPR screen in DMS. 4.  Annotate DMS remarks with the reconsideration denial and that a waiver request is still pending. 5.  Send the overpaid person a notice that explains the reconsideration denial, includes an ALJ hearing paragraph, and that their waiver request is pending. 6.  Fax a copy of the SSA-561-U2, SSA-662, and any material relevant to the overpayment to Evidence Portal. 7.  Send an MDW to the FO stating the following: • Reconsideration was denied, • Waiver is also being requested, • SSA-632-BK (full waiver development) is needed, and • Relevant paperless material was scanned into Evidence Portal.

National 800 Number agents should follow the instructions in TC 26001.030 Request for Reconsideration.