TN 14 (02-98)
GN 02250.305 When a Waiver Determination Will Not Be Made
Once a person has filed a request for waiver, that request must be processed to completion (even though other issues surface) unless one of the exceptions in GN 02250.305B. applies.
If the person was overpaid from continuation of disability benefits during appeal of a medical cessation and the cessation appeal was not made in good faith (GN 02250.036), notify the person that we cannot process his/her waiver request since he/she did not appeal the disability cessation in good faith.
If a previous waiver determination was correct when made and there is no new and material evidence, the PC notifies the person that the prior determination was correct and since he/she has provided no new evidence, the prior determination stands.
If the person dies before a decision is made, develop for collection from estate (GN 02215.050C.).
If we will apparently deny a request for waiver and we are aware that a bankruptcy claim has been filed but no proof of claim will be filed, notify the person per GN 02215.226B.
If there has never been an overpayment, notify the person that waiver cannot be processed since he/she is not overpaid.
If the only issue needing resolution is liability (rep payee case), make the liability determination per GN 02205.007 and notify the person.
If the person abandons the request agreeing to repay instead, see GN 02250.240B.4.
If the person has been convicted of fraud, see GN 02201.055.