VB 02005.360 Conducting the Personal Conference
A. Process – Scope of Conference
The conference is restricted to consideration of waiver of recovery of the overpayment for which waiver is requested.
B. Procedure – Evidence and Information
At the conference the decision maker:
Verifies the identity and reason for attendance of all persons present, notes the date and time the conference begins and ends, and documents the content of the conference, as well as whether the waiver requester has reviewed the file.
Makes clear to the waiver requester that the waiver determination is the decision maker’s alone, and that the decision maker has no prior connection to the issue under review.
Explains that the conference is to give the waiver requester the opportunity to set forth his/her position on the waiver request, and to give evidence to support that position. The decision maker also cites the provision(s) of the law and regulation(s) applicable to the issue under review, and summarizes the evidence already in the file which will be considered.
Confirms with the waiver requester that the information in the file about the overpayment and waiver request is correct and that the requester fully understands it. The decision maker then secures the requester’s statements concerning the waiver request, as well as any additional evidence, including that provided by any witness present.
C. Procedure – Person Questions Overpayment at Conference
If person questions overpayment:
Secure an SSA-561-U2. Develop good cause for late filing as necessary. See VB 02501.010 for SVB good cause policy and procedures, and see VB 02502.000 for reconsideration policy and procedures.
Hold the conference on the waiver issue, prepare the SSA-553 and input the determination per MSOM BUSSR 004.009, issuing the appropriate determination letter through DOCS. Unless reconsideration is pending, recovery may begin if the result of the personal conference is confirmation of the waiver denial recommendation, since the personal conference has been held. See VB 02005.300, VB 02005.355B.2. and VB 02005.365.
See VB 00901.015 for CPS/FO jurisdiction and routing.
Should the reconsideration reveal that any excess recovery amount has been collected, the claimant will be notified and that excess amount will be repaid to him/her.
D. Procedure – New Evidence Presented at Conference Establishes a Different Overpayment Amount or Eliminates Overpayment
If the personal conference is held in the 50 United States, the District of Columbia or the Northern Mariana Islands, explain the change in overpayment amount to the requester and amend the SSA-2032-BK to show the changed overpayment amount. Add a remark with the revised overpayment amount noted and the requester’s statement that he/she has been told of, and understands, the new information. Ask the requester to initial the amendments to the SSA-2032-BK. Reopen and revise the overpayment determination (MSOMBUSSR 004.007). Use DOCS to produce a notice of the revised overpayment information and give it to the requester. If the new evidence showed a changed overpayment amount but did not eliminate the overpayment, make and effectuate the waiver determination as described in VB 02005.365.
If the conference is held in a FO in Guam, Puerto Rico, American Samoa or the U.S. Virgin Islands, explain the change to the requester and amend the SSA-2032-BK to show the changed overpayment amount. Add a remark with the revised overpayment amount noted and the requester’s statement that he/she has been told of, and understands, the new information. Ask the requester to read and initial the amendment to the SSA-2032-BK. Use DOCS to produce a notice of the changed overpayment amount, and give it to the requester. Return the folder to the CPS/FO with SVB jurisdiction with an SSA-5002 alerting personnel to the change.
The receiving office will reopen and revise the determination on the overpayment (MSOM BUSSR 004.007). If the evidence showed a changed overpayment amount, but did not eliminate it, make and effectuate the waiver determination as described in VB 02005.365.
IMPORTANT: In the event a requester living abroad opts to have a personal conference by telephone after being offered a face-to-face conference, send the amended SSA-2032-BK and the DOCS notice to the requester. Make and effectuate the waiver determination as instructed above only after receiving the amended 632 back from the requester.
E. Procedure – Closing the Conference
Collect evidence presented and/or remind the requester to deliver any promised evidence not yet presented. Allow him/her to present any final summary or closing statement. Explain that a determination will be made and the requester notified. Explain further appeal rights in the event the determination is adverse to the claimant. Do not announce the determination at the conference.