The purpose of this delay in recovery is to ensure that overpayment recovery does
not take effect until the overpaid person has had an opportunity to contest the overpayment
determination or show that we should waive recovery. Therefore, do not initiate recovery
until 60 days after we notify the overpaid person. We also delay recovery for the
reasons shown below. We initiate recovery when we take the last action.
The overpaid person has 60 days to contact SSA and appeal the overpayment determination.
The overpaid person can request a waiver at any time, even if we fully recovered the
overpayment. If we previously denied the waiver for “at fault”, treat any subsequent
waiver request as res judicata (i.e., already decided) if there is no new and material
evidence. If we previously denied the waiver because recovery would not defeat the
purpose, any subsequent waiver request will require a new review of the overpaid person’s
current financial circumstance.
NOTE: Res judicata is a rule in civil law that provides that once an issue is decided it
does not need to be decided again.