If we cannot approve the waiver request after reviewing the information the individual
has given to support their contention that the recovery of the overpayment should
be waived, offer the individual an opportunity to present their case at a personal
The Title II personal conference is conducted by a decision maker who was not previously
involved in the issues under review (see GN 02270.005A.2.). The conference is an independent and thorough examination of all evidence relating
to the issues under review. The decision maker is bound by the requirements of the
Social Security Act, the regulations, Social Security Rulings (SSR) and the operating
policies and procedures set out in the Program Operations Manual System (POMS) and
may not depart from these nationally prescribed policies and procedures.
Following the personal conference issue a written decision to the individual specifying
the findings of fact and conclusions in support of the decision to approve or deny
waiver and advising of the individual’s right to appeal the decision. Decision makers
should issue the decision to approve or deny waiver within 2 weeks of the personal
conference unless additional evidence is necessary to make the decision and it cannot
be obtained within that time.