This section provides guidance on:

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  When we will waive recovery of an overpayment;

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  What we consider a waiver request:

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  When an individual may request a waiver;

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  Who may request a waiver;

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  The effect of a waiver;

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  When we will not make a waiver determination; and

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  Waiver dismissal procedures.

An individual must request a waiver before we will make a waiver determination. We will waive recovery of an overpayment if both of these conditions are met:

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  The individual is not at fault in causing the overpayment, AND

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  Recovery or adjustment:

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    impedes the efficient or effective administration of the Social Security Act (Act) due to the small amount of the overpayment (administrative tolerance waiver), refer to GN 02250.350; or

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    is deemed to defeat the purpose of the Act, refer to GN 02250.110; or

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    is against equity and good conscience, refer to GN 02250.150; or

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    defeats the purpose of the Act, refer to GN 02250.100.

An individual may request a waiver in writing or verbally.

An individual may request a waiver at any time, including when: 

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  An individual receives notification they are liable for an overpayment. For more information on who may request a waiver, refer to GN 02250.001E.

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  At the same time, they appeal the overpayment. For more information about a waiver and reconsideration filed at the same time, refer to GN 02250.002B.1.

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  After we have started recovery, or even after we have completely recovered the overpayment. The fact that an individual may not be receiving benefits or payments is immaterial. For more information on how to determine the amount to consider for a waiver request, refer to GN 02250.310.

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  After external collections have begun. For more information on requesting a waiver when an overpayment has been:

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    collected by a tax refund offset, refer to GN 02201.030D.2. for Title II and SI 02220.012E.3 for Title XVI;

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    reported to credit bureaus, refer to GN 02201.032 for Title II and SI 02220.014 for Title XVI; or

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    collected by federal salary offset, refer to GN 02201.043.

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  After a denial of a previous waiver request. An individual may make a second or subsequent waiver request even if we denied the prior request and the time to appeal the decision has expired.

A waiver request may be made by:

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  The overpaid individual;

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  A representative payee, appointed representative, or legal guardian on behalf of an overpaid individual;

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  A representative payee who was notified that they are liable for an overpayment; or

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  A legal representative of the estate of a deceased overpaid individual or distrubtee of a deceased overpaid individual, refer to GN 02250.001E.2.

When we approve a request for a waiver, we will no longer try to recover the waived amount from that individual.  We may also refund the overpaid amounts that we have recovered or withheld. For more information on the refund procedures when we approve a waiver, refer to GN 02250.310.

Once we receive a waiver request, we must process the request to completion and make an initial waiver determination on the request, unless one of these exceptions apply:

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  If a bankruptcy is pending, contact the Office of the General Counsel (OGC) at ^SSA Bankruptcy.

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  If res judicata applies, follow the instructions for denying the waiver request in GN 02250.303.

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  If the individual dies before a decision is made, develop for collection from their estate, refer to GN 02215.050.

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  If the overpayment resulted from misuse of benefits by a representative payee and the representative payee was convicted of fraud, refer to GN 00604.001.

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  If an individual requests waiver of Civil Monetary Penalty (CMP) collection, refer to GN 02230.065.

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  If the overpayment resulted from fraud or similar fault on the part of the overpaid individual, refer to SI 04070.020, SI 02220.036, and GN 02201.055.  For instructions on waiver dismissal procedures where the overpayment resulted from fraud or similar fault, refer to GN 02250.001H.

If you receive a waiver request for an overpayment that resulted from fraud or similar fault on the part of the overpaid individual, dismiss the waiver. Fax the SSA-632 into the Evidence Portal and continue with the dismissal procedures for Title II in GN 02250.001H.1 or for Title XVI in GN 02250.001H.2.

When a request for waiver will apply to other individuals receiving benefits on the same record – Title II only:

Marvin, the primary beneficiary (BIC A), was overpaid $24,500 for the period February 2022 through December 2023 due to a work cessation. Marvin requests waiver.

Charlotte, Marvin’s spouse (BIC B2), has children with Marvin and the children are overpaid for the same period and same reason or event as Marvin and Charlotte. Their children are Trevor (BIC C1), Lance (BIC C2), Dana (BIC C3), and Susie (BIC C4).

Charlotte, Dana, and Susie currently live in the same household as Marvin, and they lived in the same household at the time of the overpayment.

Trevor and Lance do not live in the same household as Marvin.

Marvin’s waiver request includes a request for waiver for Marvin, Charlotte, Dana, and Susie.

Trevor and Lance are not included in Marvin’s waiver request because they live in a separate household and must file their own waiver request.

This section provides guidance on:

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  How we process a waiver and reconsideration when they are requested at the same time;

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  The amount to consider for a waiver request; and

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  How we process an approval or propose denial of the waiver request.

We may initiate waiver processing only after an individual requests a waiver. We must stop overpayment recovery when we receive the waiver request.  We must refund any amount that we recovered in the month the overpaid individual requested a waiver and any subsequent months if we do not timely input the waiver request.

If an individual contacts us to request a waiver: 

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  Determine who may request a waiver, refer to GN 02250.001E. 

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  If the original overpayment amount is $2,000 or less, process the waiver request under the administrative tolerance provision according to GN 02250.350.

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  If the original overpayment amount is more than $2,000, the waiver request must be in writing on form SSA-632-BK (Request for Waiver of Overpayment Recovery), or be completed on form SSA-632-BK with a technician over the telephone. For more information on taking waiver request over the phone, refer to GN 02250.002C.1. 

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  Process a waiver request for an overpayment of more than $2,000 according to GN 02250.002C.3 for Title II and GN 02250.002C.4 for Title XVI.

This POMS section discusses the documents we need to support a deemed to defeat the purpose or defeats the purpose waiver determination. The documents may include verification of the overpaid individual’s and any household family member’s monthly income. We may also need to verify the overpaid individual's and any household family member's resources. We may also need to verify receipt of certain needs-based assistance for a deemed to defeat determination.

We may require documents to support a deemed to defeat the purpose or defeats the purpose determination. For a defeat the purpose determination, generally, the supporting documents must be no older than 3 months from the date we receive the waiver request. For a deemed to defeat determination, the supporting documentation of certain public assistance should be no older than one year from the date we receive it.

This chart shows a list of acceptable documents to support the waiver request. The list is not exhaustive.

This section provides the policy for documenting a waiver determination on Form SSA-635 (Waiver Determination) and the procedures for completing and storing the form.

We must always document our waiver determination.  A waiver determination is an initial determination with appeal rights.  A waiver determination is the basis for all subsequent appeals, including actions brought in federal court.

We require an SSA-635 For Title II and Title XVI to document waiver determinations over $2,000.  For more information on documenting waiver determinations of $2,000 or less, refer to GN 02250.350.

For Title II waiver determinations, we must complete an SSA-635 for each overpaid individual included on the SSA-632, if the overpaid individuals were: 

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  living in the same household during the overpayment period;

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  living in the same household when the waiver was requested; and

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  overpaid for the same reason.

You must document the SSA-635 by clearly stating the relevant facts of the overpayment and provide a rationale in support of your waiver determination. The facts supporting a waiver determination include:

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  What caused the overpayment;

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  The dates of the overpayment;

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  The original amount of the overpayment;

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  If the overpaid individual is at fault or not at fault

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  If we determine the overpaid individual is not at fault, whether recovery is:

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    deemed to defeat the purpose;

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    against equity and good conscience; or

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    defeats the purpose of the Act;

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  If a Title XVI overpayment is caused by resources exceeding the limit by $50 or less per month an SSI overpayment; and

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  The POMS section that supports the waiver determination.

We must review any records that contain information relevant to the overpayment amount and reason, including but not limited to:

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  Information on the form SSA-632 (Request for Waiver of Overpayment Recovery);

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  Supporting documentation;

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  Notes or additional evidence provided during a personal conference;

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  The overpayment notice;

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  Online Retrieval Notices (ORS);

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  Master Beneficiary Record (MBR);

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  Recovery Accounting and Reporting System (ROAR);

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  Payment History Update System (PHUS);

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  Debt Management System (DMS);

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  OPWiz application;

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  Supplemental Security Income Record (SSR); and

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  Any records in an electronic repository (i.e., Evidence Portal, Consolidated Claims Experience (CCE), eView, eWork, eComps, Paid vs. Payable charts etc.).

Complete these steps for the SSA-635.  

We must send notice of the waiver determination to the overpaid individual, their representative payee, and their representative or legal guardian, if applicable. If an estate or distributee requested the waiver, we must send our waiver determination to the legal representative of the estate or the distributee,

For more information on who receives notices, refer to NL 10601.210 and NL 00801.001B.3.

For instructions on who is considered a representative, refer to GN 03910.020. For instructions on contacting a representative, refer to GN 03910.050. 

We must send a waiver approval notice if we approve the individual’s waiver request. We will waive recovery of an overpayment if: 

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  The individual is not at fault in causing the overpayment, AND

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  Recovery or adjustment:

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    impedes effective or efficient administration of the Social Security Act (administrative tolerance), refer to GN 02250.350; or

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    is deemed to defeat the purpose of the Act, refer to GN 02250.110, or

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    is against equity and good conscience, refer to GN 02250.150; or

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    defeats the purpose of the Act, refer to GN 02250.100.

We will also waive recovery of a Title XVI overpayment if the overpayment was due to the individual’s resources exceeding the limit by $50 or less, unless the individual willfully and knowingly failed to report the value of the excess resources correctly and in a timely manner, refer to GN 02250.090.

When we approve a waiver request, we relieve the individual from the obligation to repay the overpayment. We must send a waiver approval notice. The waiver approval notice must include:

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  That we approved the individual’s waiver request;

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  The overpayment amount;

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  The reasons that we approved the waiver request, which includes finding the individual not at fault and a determination that the individual meets one of the other waiver provisions (e.g., cannot pay their bills or paying us back would be unfair for some other reason);

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  That the individual does not have to repay the overpayment;

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  We will resume the individual’s benefits or payments, if applicable;

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  We will refund any benefits or payments that we withheld or recovered while the waiver determination was pending, if applicable. For more information on refunding monies after a waiver approval, refer to GN 02250.310; and

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  The appropriate appeal language. To determine the correct level of appeal, refer to GN 02250.380.

Use the “Waiver Approval” notice located in the Overpayment section in the Document Processing System (DPS). Prepare and issue the notice with the appropriate appeal language.

Modify the approval notice to include language if we resume Title II benefits. Refund any Title II benefits that we previously withheld or recovered from the individual, if applicable.

Send the notice to the overpaid individual, their representative payee, and their representative or legal guardian, if applicable. If the overpaid individual has a legal guardian that is not their payee, send a manual notice to the legal guardian, if we have the legal guardian’s information. 

Store all waiver notices in the Online Retrieval System (ORS).

When you approve a waiver request and input the determination, the system sends an SSA-L8166 to the individual and their representative payee.  The SSA-L8166 includes the title “Our Decision On Your Waiver Request.” For more information on who receives an SSI automated notice, refer to NL 00801.001B.3.

If you issue a manual waiver approval notice, use the “Waiver Approval” notice located in the overpayment section in the DPS.  Prepare and issue the notice, including appeal rights.  For more information on appealing a waiver, refer to GN 02250.380. Store all waiver notices in ORS. For more information about Title XVI manually prepared notices, refer to NL 00801.010.

A waiver determination is an initial determination and is subject to appeal.  Appeal of an initial waiver determination provides an individual the opportunity to present new evidence, to make arguments, and to have an independent review of the facts. We may reverse the initial waiver determination and any finding based on the evidence we considered in making the initial waiver determination and any other evidence we receive. 

The type of appeal following an initial waiver determination for a Title II overpayment depends on whether:

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  we approved a waiver;

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  we denied a waiver after the individual appeared for a personal conference;

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  we denied a waiver based on the information in the file after the individual declined a personal conference or failed to appear for a second scheduled personal conference; or

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  the individual submitted both waiver request and an overpayment reconsideration request.

The appeal following an initial waiver determination for a Title XVI overpayment is always reconsideration. After we issue an initial waiver determination for a Title XVI overpayment, the individual may appeal only by requesting reconsideration.  The individual may request a hearing before an ALJ after they have requested reconsideration and we have made a decision on the request for reconsideration.  This is the appeal process for a Title XVI waiver determination regardless of whether the initial waiver determination is an approval or denial, regardless of whether the individual attended the personal conference, and regardless of whether the individual also requested reconsideration of the overpayment determination.

If reconsideration is the next level of appeal after the initial waiver determination, the individual must make the request within 60 days after receiving the initial waiver determination.  We presume the individual received notice 5 days after the date of the notice.  For more information on time limit to request reconsideration, refer to GN 03101.010 for Title II and SI 04005.012 for Title XVI.

If the individual requests reconsideration more than 65 days after the date of the initial waiver determination, the Field Office (FO) must develop and make a determination for good cause of late filing. For more information about developing for good cause, refer to GN 03101.020 for Title II and SI 04005.015 for Title XVI.

For Title II appeals, FO technicians should develop for good cause before forwarding the request to the Processing Center (PC).

For Title II input instructions, refer to MS 01106.003. For Title XVI input instructions, refer to MS 00302.007.

If the ALJ hearing is the next level of appeal after the initial waiver denial, the individual must make the request for hearing within 60 days after receiving the initial waiver determination.  We presume the individual received notice 5 days after the date of the notice.  For more information on the time limit to request a hearing, refer to GN 03101.010.

If the individual requests an ALJ hearing more than 65 days after the date of the initial waiver determination, the Office of Hearings Operations (OHO) makes good cause determinations for hearing requests. For more information about developing for good cause, refer to GN 03101.020.