Waiver may be requested at any time. Waiver may also be requested when:

• •

  a person becomes aware of his or her liability for repayment of an overpayment, or

• •

  at the same time he or she appeals the fact or amount of an overpayment, or

• •

  after denial of a previous request for waiver.

The fact that a person is not eligible for or entitled to benefits or that recovery has begun or is completed, is immaterial.

A request for waiver may be a formal request or may be implied. The request may be in various forms:

• •

  a plea for relief in a letter to a PC or from a Congressman;

• •

  verbal request to a field office or Debt Management Branch (DMB) employee;

• •

  the tear-off portion of the SSA-3105; or

• •

  the SSA-632-BK, Request for Waiver of Overpayment Recovery, see GN 02250.230 and GN 02250.400. This is the form for requesting a waiver because it elicits all the information needed to make the waiver determination.

Give beneficiary who asks about filing for waiver an explanation of:

1. a. 

   the two-step waiver process (i.e., initial interview when waiver is requested; if waiver cannot be approved, a personal conference using information from the folder with opportunity for a folder review at least 5 days before the conference);

2. b. 

   his or her right to request folder review at any time in the waiver process and that the process will be interrupted until the folder is received from the PC;

3. c. 

   his or her right to obtain representation;

4. d. 

   the need for verification of income, assets and certain expenses and how we use the information, see GN 02250.230B.3.

Consider any written document a request for waiver as long as the necessary information (i.e. the information requested on the SSA-632-BK) is furnished in a signed statement. If waiver is requested on an SSA-561-U2, see GN 02201.025.

Fully document any request for waiver, whether actual or implied, and developed allegations before making a determination. Obtain sufficient information to clarify the issues of fault, ability to repay and equity. Instruct the person requesting waiver to submit the information needed to make a waiver determination.