TN 32 (03-15)
GN 02201.019 Title II Overpayment Waiver Request
Section 204(b) of the Act;
20 C.F.R. §404.506
A. General title II waiver policy
An overpaid beneficiary may request, at any time, that we waive recovery of an overpayment. The beneficiary may request waiver either orally or in writing; even if we have completed recovery. We will waive an overpayment if the beneficiary is:
Without fault in causing the overpayment; and
Recovery or adjustment of the overpayment would defeat the purpose of Title II or be against equity and good conscience.
B. Stopping recovery
Stop recovery as of the month we receive the waiver request via the Debt Management System (DMS) or Manual Adjustment, Credit, and Award Data Entry (MACADE) system. For more detailed instructions on stopping recovery, see GN 02201.021 if you are in the field office (FO) or GN 02201.023 if you are in the program service center (PSC).
NOTE: We may have to repay money that we withheld if we withheld the money after we received the request.
GN 02250.001 Waiver – Title II, XVIII
GN 02250.005 Fault/Without Fault Findings – Waiver
GN 02250.100 Defeat the Purpose
GN 02250.150 Against Equity and Good Conscience