TN 31 (05-19)

GN 02250.305 When a Waiver Determination Will Not Be Made

A. Policy

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.

B. Procedure

  • 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 has been convicted of fraud, see GN 02201.055.

To Link to this section - Use this URL:
GN 02250.305 - When a Waiver Determination Will Not Be Made - 02/17/1998
Batch run: 05/29/2019