When SSA reverses its position regarding entitlement or eligibility and the rules of administrative finality permit reopening the prior determination (GN 04010.001, GN 04010.010, GN 04010.020 or GN 04010.030), all payments made pursuant to the initial determination are erroneous and constitute overpayments. The reconsideration reviewer can consider waiver of recovery of overpayments resulting from reopening when SSA changes its position.

Waive recovery of the overpayment up to the point the person had notice of the change of position. Deem the overpaid person without fault and deem recovery to be against equity and good conscience for the period ending when the person received notice of the change. From the time of the notice, without fault cannot be assumed. Decide waiver of recovery of any part of the overpayment occurring after the notice based on the usual rules.