TN 12 (08-23)

GN 02409.030 Revocation of Waiver of Benefits

A. Procedure for revoking a waiver

The person who signed the original waiver must submit the revocation request in writing to revoke a waiver. Do not revoke a waiver retroactively unless:

  • the requester was mentally incompetent when they requested the waiver;

  • the requestor is adjudged mentally incompetent after they executed the waiver; or

  • a representative payee waived a child's or incapable adult's payments.

B. Operating procedure for reinstatement requests

1. Development for reinstatement requests

A beneficiary must again meet all the requirements for payment as of the effective month of reinstatement of benefits (For information on waiver reinstatement, see GN 02409.030B.2. in this section). For information on reinstatement of benefits, see GN 02602.040A.

2. Effective month

Resume payment starting with the month the beneficiary signs the request for revocation, unless payment is not possible because of development procedures outlined in GN 02409.030B.1. in this section.

3. Exceptions to prospective effectuation

Retroactive “revocation” is possible if:

  • the beneficiary was mentally incompetent at the time of the waiver request. Resume payment effective with the month of the waiver request;

  • the beneficiary is mentally incompetent. Resume payment effective with the month the person was found mentally incompetent; or

  • the payee waives a child's or incapable adult's payments and we receive a request for retroactive payment.

4. Determining excess earnings

When revoking a waiver of payments retroactively, the PC verifies with the Office of Central Operations (OCO), whether there are any reported excess earnings for the retroactive period.

To Link to this section - Use this URL:
GN 02409.030 - Revocation of Waiver of Benefits - 08/14/2023
Batch run: 08/14/2023