BASIC (08-06)

VB 02005.310 Waiver Determinations

A. Policy – Basic Requirements for Waiver

The first requirement for waiving an SVB overpayment of $30.01 or more is that the liable person be without fault in causing the overpayment. If the liable person does not indicate he/she is without fault in item 2A of the SSA-2032-BK, deny the request.

If the liable person states in item 2A of the SSA-2032-BK that he/she is without fault, one of the following conditions must also be met for the waiver request to be approved:

  • Recovery would defeat the purpose of title VIII of the Act (see VB 02005.325); or

  • Recovery would be against equity and good conscience (see VB 02005.330).

EXCEPTION: See VB 2005.315B. for waivers requested where overpayment is $500 or less.

B. Procedure - Action Following Waiver Requests

If you can make the determination in 10 days, input the waiver request and the approval or denial using the instructions in MSOMBUSSR 004.007 through MSOM BUSSR 004.009, and use DOCS to send the appropriate notice.

If you cannot make the determination in 10 days:

  • Stop recovery;

  • Do not refund to waiver requester any monies that have already been collected except for the amount withheld for the month the request for waiver was filed.

  • Input the waiver request. See MSOM BUSSR 004.007 through MSOM BUSSR 004.009.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1402005310
VB 02005.310 - Waiver Determinations - 08/21/2006
Batch run: 01/27/2009
Rev:08/21/2006