TN 14 (02-98)

GN 02250.032 Family Relationship - Waiver Title II, XVIII

A. Policy

When the overpaid person withholds information, gives incorrect information or fails to report a change in relationship, he/she is at fault for the overpayment.

If SSA makes payment based on an incorrect relationship determination, the person has no reason to know the payment is incorrect and is usually without fault if he/she furnished complete and correct information.

B. Example

When Gretta Kline applied for retirement benefits she also applied to be representative payee for her legally adopted infant granddaughter. The grandchild was awarded benefits based on insufficient proof of relationship (i.e., a short form birth certificate). Several years later, it was discovered that the granddaughter had never been adopted. Mrs. Kline was at fault for causing the overpayment and liable to repay even though SSA had never attempted to obtain legal proof of adoption.

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GN 02250.032 - Family Relationship - Waiver Title II, XVIII - 10/04/2005
Batch run: 10/04/2005