A waiver determination is an initial determination and, thus, subject to appeal. The
type of appeal depends on whether waiver was approved or denied, whether reconsideration
was also requested, and whether waiver was approved or denied after personal conference.
Appeal of an initial waiver determination provides the opportunity to present new
evidence and to have an independent review of the facts. The initial waiver determination
and/or any finding may be reversed based on new evidence.
NOTE: This applies to Title II cases only. Please see SI 02260.006.B.7. for Title XVI cases as the levels of appeal are different.