TN 21 (10-97)

GN 02201.034 Tax Refund Offset (TRO) Cases — Processing a Title II Waiver Request

A. Policy

1. Waiver determination needed

For TRO purposes, a waiver determination is needed when:

  • The waiver request is the first request;

  • A prior request was denied on the basis that recovery would not defeat the purpose; or

  • A prior request was denied on the basis of fault but the prior decision can be reopened under the rules of administrative finality (GN 04010.020, GN 04010.030).

2. Waiver determination not needed

A waiver determination is not needed if res judicata applies. Res judicata in a waiver situation is derived from the fact that findings of fault and equity are based on a person's situation prior to an overpayment determination; those circumstances remain constant. Consequently, a waiver determination is not needed if:

  • Waiver was previously denied on the basis of fault, and

  • No new evidence is presented to reopen and revise the prior determination or reopening is not possible under the rules of administrative finality.

B. Procedure - FO action

FOs will input a waiver request to the DRPF screen after the actual SSA-632-BK, or its equivalent, is received.

Obtain an MBR/ROAR query.

If ROAR indicates a prior waiver denial on the basis of fault (i.e., a TC 55 with a DCAT field of “1,” SM 00610.515I.18), proceed as follows:

  • Do not process the waiver request.

  • Forward the SSA-632-BK and any other evidence submitted to the PC, annotated “Priority Handling - TRO Res Judicata situation.”

If financial information is not provided on the SSA-632-BK or the required proofs are not submitted, give the debtor 2 weeks to submit. Forward to the PC regardless of whether the additional information is received after 2 weeks.

If ROAR indicates a prior waiver but ROAR history has been consolidated (SM 00610.515J.5) and the DCAT field is not displayed, process the waiver as a new initial request (GN 02201.021).

If a waiver determination is needed for any other reason (see A.1. above), process in accordance with existing waiver instructions in GN 02201.021.

C. Procedure - PC action

1. Res judicata applies

If res judicata applies (GN 03101.160), notify the person that the prior waiver determination was correct and, since there is no basis to reopen, the prior determination stands.

2. Res judicata not applicable - full waiver approval

If res judicata does not apply and the waiver request can be approved, process the approval regardless of program (i.e., DIB or RIB).

Update the Waiver Disposition (DRWD) and DRWR screens where appropriate (MSOM DMS 006.004 and MSOM DMS 006.005 ).

3. Res judicata not applicable - partial waiver approval or waiver denial

If res judicata does not apply but waiver cannot be fully approved,