TN 27 (09-18)

GN 02250.370 Waiver Notices

We must determine whether to approve or deny every waiver request. We must also notify an individual of the determination we make on his or her request for waiver. Store all waiver notices in the Online Retrieval System (ORS).

A. Waiver Approval

When we approve a waiver, it relieves the individual who requested waiver of the obligation to repay the overpayment. The Field Office (FO) and Teleservice Center (TSC) may use the “Waiver Approval” notice located in the Overpayment section in the Document Processing System (DPS). The Processing Center (PC) may use the E3180 exhibit notice located in the Aurora notice system or POMS NL 00703.180. The waiver approval notice must include the following information:

  • We approved the individual’s waiver request and the reason why we approved it;

  • The individual does not have to repay the overpayment;

  • We will resume payment of benefits, if applicable;

  • We will repay any benefits that we withheld, if applicable; and

  • The appropriate appeal language. To determine the correct appeal level, see GN 02250.380.

NOTE: Modify the approval notice to include language if we resume benefits or repay any benefits that we previously withheld from the individual.

B. Propose to deny waiver

When we make a preliminary determination to deny or partially deny a waiver request, we must give the individual and his or her representative payee an opportunity to have a personal conference. Prior to the personal conference, we must provide the individual and representative payee, if applicable, an opportunity to review any information in the folder that pertains to the overpayment and waiver request. For information about scheduling a folder review, see GN 02270.005. For instructions to assemble the folder, see GN 02270.003. Use the “Personal Conference Appointment Letter” notice found in the Overpayment section in DPS to schedule the folder review and personal conference. The notice should not contain appeal language since we are not making an initial determination. The notice must include the following information:

  • The date and time of folder review;

  • The date and time of the personal conference; and

  • The name of interviewer.

NOTE: After conducting the personal conference, if any new evidence or information supports a waiver approval, process the waiver approval according to GN 02250.370A in this section.

C. Partially approved waiver

When we partially approve a waiver, it relieves the individual who requested waiver from the obligation to repay part of the overpayment. The individual is still responsible for repaying the remainder of the overpayment.

Use the “Partial Waiver Approval (Personal Conference Decision)” notice located in the Overpayment section in DPS. You must first give the individual the opportunity to have a folder review and personal conference for the overpayment amount that you are denying before sending the notice, see GN 02250.370B in this section. The partial waiver approval notice must include the following information:

  • The total amount of the overpayment;

  • The amount we waived and the approval reason;

  • The individual who requested waiver does not have to repay the waived portion of the overpayment;

  • The individual is responsible for repaying the part of the overpayment that we did not waive;

  • Repayment options; and

  • The appropriate appeal language. To determine the correct appeal level, see GN 02250.380.

D. Waiver Denial

If the evidence supports a waiver denial after you have given the individual the opportunity to have a folder review and personal conference, issue a written decision to the individual and his or her representative payee, if applicable. The notice must specify the findings of fact and conclusions in support of the determination.

1. Denial due to “at fault” determination or when the individual does not meet the “against equity and good conscience” provision

When we deny a waiver because the individual is "at fault" or does not meet the “against equity and good conscience” provision,” use the “Waiver Denial” notice located in the Overpayment section in DPS. The waiver denial notice must include the following:

  • The overpayment amount;

  • The denial reason;

  • Repayment options; and

  • The appropriate appeal language. To determine the correct appeal language, see GN 02250.380.

2. Denial when the individual does not meet the “defeats the purpose” provision

When we deny a waiver because the individual does not meet the “defeats the purpose” provision, use the “Waiver Denial for Defeats the Purpose” notice located in the Overpayment section in DPS. The waiver denial must include the following:

  • The overpayment amount;

  • The denial reason;

  • Repayment options;

  • Information that we received financial information from Accuity, a credit reporting agency; and

  • The appropriate appeal language. To determine the correct appeal level, see GN 02250.380.

NOTE: You must send the “Waiver Denial for Defeats the Purpose” notice to the individual who signed the financial authorization and his or her payee, if applicable.

E. References

GN 02250.380 Appeal of Waiver Determination

GN 02270.005 FO Action on Receiving Folder – Personal Conference


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202250370
GN 02250.370 - Waiver Notices - 09/28/2018
Batch run: 09/28/2018
Rev:09/28/2018