If the person only wants reconsideration of the fact or the amount of the overpayment
and is not requesting a waiver decision, complete an SSA-561-U2, Request for Reconsideration
(see GN 02201.025 Overpayment Reconsideration), alert the servicing program service center (PSC) via
a modernized development worksheet (MDW), and annotate DMS Remarks.
NOTE: The request for reconsideration must be filed within 65 days after the date of the
initial overpayment notice. If the request is later then good cause development must
be completed. See GN 03101.020 for information regarding the request for reconsideration.
After the reconsideration request is filed, input a decision type of “refused conference
reconsideration” on the DRPC screen in DMS.
If the person insists on an ALJ hearing instead of a personal conference or reconsideration
in a waiver only case, explain the appeals steps (see GN 02250.380, Appeal of Waiver Determination). If he or she still insists on requesting a hearing,
see GN 03103.120, Hearing Filed Before Receipt of Reconsideration Determination, for instructions
on filing the hearing request.
If an ALJ hearing is requested in a combined waiver and reconsideration case, complete
an HA-501-U5, Request for Hearing by Administrative Law Judge, and notify the servicing
PSC by administrative message or MDW. For FO and PSC instructions for forwarding an
HA-501-U5 and paper folder (if available) to the ALJ, see GN 03103.080 and GN 03103.090.
Input a decision type of “escalated” on the DRPC screen and annotate DMS Remarks.
Fax a copy of all material and a copy of the HA-501-U5 to the Non-Disability Repository
for Evidentiary Documents (NDRed).