Effective Dates: 11/22/2024 - Present Previous | Next

TN 61 (11-24)

GN 02250.001 Waiver Basics - Title II and Title XVI

CITATIONS:

Social Security Act §§ 204(b), 1631(b)(1)(B)

20 C.F.R. §§ 404.502a, 404.506, 416.550

A. Introduction

This section provides guidance on:

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    When we will waive recovery of an overpayment;

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    What we consider a waiver request:

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    When an individual may request a waiver;

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    Who may request a waiver;

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    The effect of a waiver;

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    When we will not make a waiver determination; and

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    Waiver dismissal procedures.

B. Policy

An individual must request a waiver before we will make a waiver determination. We will waive recovery of an overpayment if both of these conditions are met:

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    The individual is not at fault in causing the overpayment, AND

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    Recovery or adjustment:

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      impedes the efficient or effective administration of the Social Security Act (Act) due to the small amount of the overpayment (administrative tolerance waiver), refer to GN 02250.350; or

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      is deemed to defeat the purpose of the Act, refer to GN 02250.110; or

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      is against equity and good conscience, refer to GN 02250.150; or

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      defeats the purpose of the Act, refer to GN 02250.100.

NOTE: 

For more information about the Title XVI waiver provision for an overpayment caused by countable resources exceeding the resource limit by $50 or less, refer to GN 02250.090.

C. What we consider as a waiver request

An individual may request a waiver in writing or verbally.

1. Written waiver request

An individual may make a waiver request in writing by submitting form SSA-632-BK (Request for Waiver of Overpayment Recovery). If the overpayment is $2,000 or less, the individual does not need to complete form SSA-632-BK. For more information on the administrative tolerance provision, refer to GN 02250.350.

A written waiver request should have the signature of the overpaid individual or other individual who may request a waiver, refer to GN 02250.001E.  An individual can submit a written waiver request by mail, by fax, or in the office.

If the individual provides an incomplete form SSA-632-BK, we will contact them to get the information we need. For more information on processing a waiver request, refer to GN 02250.002C.

2. Verbal waiver request

We allow a verbal waiver request (i.e., a verbal statement from the individual stating they would like to request waiver) if we can approve the waiver under the administrative tolerance provision, refer to GN 02250.350. 

3. Completing the waiver request form by phone

We will complete the SSA-632 over the phone with the individual if:

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    The individual contacts us to request a waiver and we are unable to approve the waiver under the administrative tolerance provision; and

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    The individual would like us to complete the SSA-632-BK with them over the phone.

For the procedure on taking a waiver request by phone, refer to GN 02250.002C.1.

4. Request for reconsideration

We will presume an individual requested a waiver if the individual requests reconsideration of an overpayment determination and the overpayment is $2,000 or less.  For more information, refer to GN 02250.350B.

D. When an individual may request a waiver

An individual may request a waiver at any time, including when: 

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    An individual receives notification they are liable for an overpayment. For more information on who may request a waiver, refer to GN 02250.001E.

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    At the same time, they appeal the overpayment. For more information about a waiver and reconsideration filed at the same time, refer to GN 02250.002B.1.

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    After we have started recovery, or even after we have completely recovered the overpayment. The fact that an individual may not be receiving benefits or payments is immaterial. For more information on how to determine the amount to consider for a waiver request, refer to GN 02250.310.

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    After external collections have begun. For more information on requesting a waiver when an overpayment has been:

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    After a denial of a previous waiver request. An individual may make a second or subsequent waiver request even if we denied the prior request and the time to appeal the decision has expired.

NOTE:If an individual submits more than one waiver request for the same overpayment, determine if res judicata applies. For more information on res judicata for waivers, refer to GN 02250.303.

E. Who may request a waiver

A waiver request may be made by:

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    The overpaid individual;

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    A representative payee, appointed representative, or legal guardian on behalf of an overpaid individual;

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    A representative payee who was notified that they are liable for an overpayment; or

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    A legal representative of the estate of a deceased overpaid individual or distrubtee of a deceased overpaid individual, refer to GN 02250.001E.2.

1. When a request for waiver will apply to other individuals receiving benefits on the same record - Title II only

An individual's request for a Title II waiver is generally a request for any other overpaid individual currently living in the same household who is overpaid for the same reason. A single request can result in a waiver determination for all members of the household if:

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    The overpaid individuals were living in the same household at the time of the overpayment; and

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    The overpaid individuals are living in the same household at the time waiver is requested; and

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    The overpayment was caused by the same event.

For an example of when a request for waiver will apply to other individuals receiving benefits on the same record, refer to GN 02250.001I.

2. Waiver request from an estate or distributee

An estate or distributee of a deceased overpaid individual may request waiver.  

When an estate requests a waiver, we will waive the overpayment if the deceased overpaid individual:

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    was not at fault in causing the overpayment; and

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    would meet another waiver provision, other than defeats the purpose (or deemed to defeat the purpose).

When a distributee requests a waiver, we will waive the overpayment if the distributee meets the waiver criteria.   

For more information on how to process a waiver request from an estate or distributee, refer to GN 02250.005B.3, GN 02250.100F, and GN 02250.150G.

F. Effect of waiver

When we approve a request for a waiver, we will no longer try to recover the waived amount from that individual.  We may also refund the overpaid amounts that we have recovered or withheld. For more information on the refund procedures when we approve a waiver, refer to GN 02250.310.

G. When we will not make a waiver determination

Once we receive a waiver request, we must process the request to completion and make an initial waiver determination on the request, unless one of these exceptions apply:

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    If a bankruptcy is pending, contact the Office of the General Counsel (OGC) at ^SSA Bankruptcy.

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    If res judicata applies, follow the instructions for denying the waiver request in GN 02250.303.

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    If the individual dies before a decision is made, develop for collection from their estate, refer to GN 02215.050.

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    If the overpayment resulted from misuse of benefits by a representative payee and the representative payee was convicted of fraud, refer to GN 00604.001.

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    If an individual requests waiver of Civil Monetary Penalty (CMP) collection, refer to GN 02230.065.

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    If the overpayment resulted from fraud or similar fault on the part of the overpaid individual, refer to SI 04070.020, SI 02220.036, and GN 02201.055.  For instructions on waiver dismissal procedures where the overpayment resulted from fraud or similar fault, refer to GN 02250.001H.

H. Waiver dismissal procedures

If you receive a waiver request for an overpayment that resulted from fraud or similar fault on the part of the overpaid individual, dismiss the waiver. Fax the SSA-632 into the Evidence Portal and continue with the dismissal procedures for Title II in GN 02250.001H.1 or for Title XVI in GN 02250.001H.2.

1. Title II procedures

a. FO instructions

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    Fax the waiver request and documentation into NDRed using the Evidence Portal (EP) or into the Certified Electronic Folder (CEF) as applicable;

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    Send the waiver request and waiver dismissal request to the PC of jurisdiction via Paperless using the EP for their action;

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    Transfer the jurisdiction to the PC via DMS using the Workload Management System (WMS) Debt Management Function Selection (DMFS) screen; and

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    Annotate DMS Remarks to document your actions.

b. PC instructions

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    Input the waiver dismissal using the Fact/Amount Appeal Disposition (DRAD) screen in DMS. For more information on the DRAD screen, refer to MS 01106.011.

NOTE: Input the dismissal via the reconsideration (appeal) screen because this is not a true waiver denial and is not subject to a personal conference.

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    Send the individual a notice stating, “We are unable to process your waiver request submitted on [MM/DD/YY] because the overpayment resulted from fraud or similar fault.” Make sure the notice is stored in ORS; and

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    Annotate DMS Remarks (RMKS) screen with the dismissal reason and the date you sent the dismissal notice. For more information on RMKS screen in DMS, refer to MS 01109.003.

2. Title XVI procedures

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    Input the waiver dismissal using the Waiver Decision (UOWV) screen in Direct Supplemental Security Record (SSR) Update. For more information on the UOWV screen, refer to MS 00304.009;

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    Select  3 = DENIED — PRIOR DENIAL (NO CHANGE) decision for the overpayment sequence in UOWV;

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    Send the individual a notice stating, “We are unable to process your waiver request submitted on [MM/DD/YY] because the overpayment resulted from fraud or similar fault.” Make sure the notice is stored in ORS; and

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    Annotate the dismissal reason and the date you sent the dismissal notice on the Report of Contact page in the Consolidated Claims Experience (CCE) or a SSA-5002 for non-MSSICS/CCE cases. You must fax the SSA-5002 in the Evidence Portal. For more information on the Report of Contact Page in CCE, refer to MS 08122.010.

I. Example

When a request for waiver will apply to other individuals receiving benefits on the same record – Title II only:

Marvin, the primary beneficiary (BIC A), was overpaid $24,500 for the period February 2022 through December 2023 due to a work cessation. Marvin requests waiver.

Charlotte, Marvin’s spouse (BIC B2), has children with Marvin and the children are overpaid for the same period and same reason or event as Marvin and Charlotte. Their children are Trevor (BIC C1), Lance (BIC C2), Dana (BIC C3), and Susie (BIC C4).

Charlotte, Dana, and Susie currently live in the same household as Marvin, and they lived in the same household at the time of the overpayment.

Trevor and Lance do not live in the same household as Marvin.

Marvin’s waiver request includes a request for waiver for Marvin, Charlotte, Dana, and Susie.

Trevor and Lance are not included in Marvin’s waiver request because they live in a separate household and must file their own waiver request.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202250001
GN 02250.001 - Waiver Basics - Title II and Title XVI - 11/22/2024
Batch run: 11/22/2024
Rev:11/22/2024