TN 10 (07-90)
GN 02250.066 Continued Issuance of Checks After Suspension/Termination Event Reported — Waiver
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 he/she 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.
Have the beneficiary explain how and when notice was given and his/her 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 he/she knows about the situation.
1. Without Fault
Bob Arnold, a surviving divorced father, reported his remarriage and indicated he still had the children in his care and wished to continue receiving benefits on their behalf. Mr. Arnold's benefits were not terminated. When he requested waiver for the resultant overpayment, he alleged that since the benefits continued after his report, he thought he was still due the benefits because he had the children in his care. He is without fault.
2. At Fault
In the month that Lucy Lattice married, she took her Social Security card to her local office and reported her marriage. She did not mention that she was receiving student's benefits. Lucy was issued a new Social Security card showing her married name; her benefits were not terminated. Lucy requested waiver of the resultant overpayment. She was found at fault since she had not shown good faith (she did not disclose all the facts when she reported her marriage).
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.