If we cannot approve waiver after reviewing the information the individual has given
to support his or her contention that the recovery of the overpayment should be waived,
offer the individual an opportunity to present his or her case at a personal conference.
The Title II personal conference is conducted by a decisionmaker who was not previously
involved in the issues under review (see GN
02270.005.A.2.). The conference is an independent and thorough examination of all evidence
relating to the issues under review. The decisionmaker 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. Decisionmakers
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.