TN 55 (05-24)

GN 02250.066 Continued Issuance of Checks After Suspension/Termination Event Reported — Waiver

A. Policy

A person is without fault if, after reporting a deduction event, SSA continued to issue checks and the person had a reasonable basis for believing that benefits should have kept coming after the reported event.

Generally, if the person says that they gave the notice to a friend or relative for mailing, the person is at fault. The person has a duty to report and is responsible for another person's failure to send the notice. However, if the person routinely relies on another to report, without fault may be justified.

B. Procedure

Have the beneficiary explain how and when notice was given and their reaction to the continuance of checks. Check all possible records to see if a report was made. If documentation does not exist, see GN 02250.010. If an FO or PC employee was contacted by the person and that employee's name is known, have that person prepare a written statement describing what they know about the situation.

C. Examples

1. Without Fault

Zade Meadows, a surviving divorced father, reported their remarriage and indicated they still had the children in their care and wished to continue receiving benefits on the child's behalf. Zade's benefits were not terminated. When Zade requested a waiver for the resulting overpayment, Zade alleged that since the benefits continued after their report, Zade thought they were still due the benefits because they had the children in their care. Zade is without fault.

2. At Fault

In the month that Adeline Reilly married, they took their Social Security card to their local office and reported their marriage. Adeline did not mention that they were receiving student's benefits. Adeline was issued a new Social Security card showing their married name; their benefits were not terminated. Adeline requested waiver of the resulting overpayment. Adeline was found at fault since they had not shown good faith (they did not disclose all the facts when they reported their marriage).

D. References

See GN 02250.030 for non-termination of benefits at age 16,18 or 19 and GN 02250.042 for situations involving incorrect disposition of reports.

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GN 02250.066 - Continued Issuance of Checks After Suspension/Termination Event Reported — Waiver - 05/01/2024
Batch run: 05/01/2024