TN 8 (09-97)
GN 02270.013 Conducting the Conference
1. Keeping accurate records
The decisionmaker should take notes so that he has an accurate record of the conference to refer to when making the decision. Direct transcription or recording is not required. The person's signed statement is not necessary, although it may be included for the record (e.g., if the person is now contradicting a previous signed statement).
2. Scope of conference
By the time the conference is held, there may be other overpayments to the same person. Restrict the conference to the overpayment for which the conference is scheduled even though similar issues may be involved in recovering the other overpayments.
1. Information decisionmaker gives
The decisionmaker was not previously involved in the issue under review, but that the conference decision is solely the decisionmaker's;
the decision is based only on the evidence or information presented or reviewed at the conference;
the purpose of the conference is to give the person opportunity to present his case and furnish evidence to support it.
Decide whether to advise participants of the statutory penalties for false statements (a Misdemeanor and, if convicted, a fine not more than $5,000 or imprisonment for not more than 5 years or both).
Ascertain the identity of all present and an explanation of their roles.
Determine whether or not the person reviewed the file.
Provide the provisions of law and regulation applicable to the issue.
Provide a summary of the evidence already in file which will be considered.
2. Information decisionmaker gets
A statement from the person that the information presented is correct and that he fully understands it.
The person's presentation of his case.
Updated financial information if information in file is more than 1 year old and verification (GN 02250.150 - GN 02250.200).
Witness(es) presentation of his story; questions from the decisionmaker and/or the person; answers to those questions.
3. Person questions overpayment at conference
Secure an SSA-561-U2. Develop good cause for late filing (GN 03101.020).
Hold the conference on the waiver issue.
Alert the PC to the reconsideration request when returning the folder.
NOTE: Since there has been a personal conference, recovery can begin. If the overpayment amount is revised on reconsideration, the correct overpayment amount will be recorded. If waiver is denied, any monies recovered in excess of the revised amount will be paid.
EXCEPTION: IF the person alleges nonreceipt as the basis for the reconsideration, recovery will not begin if the criteria in GN 02406.120 and GN 02406.310 are met.
4. New evidence presented eliminates overpayment
5. Closing the conference
Ascertain whether there is any further evidence to be presented.
Remind the person of any promised evidence which has not been presented.
Let the person present any final summary or closing statement.
Explain that a decision will be made and the person notified.
Explain further appeal rights in the event the decision is adverse to the person.
Do not give the decision at the conference.
6. Unmanageable conference
Make a personal conference decision based on available facts.
On the SSA-635, include the efforts made to continue the conference and that fair warning was given before termination.