When you are making waiver determinations due to an adverse change in circumstances
consider the following:
A waiver of adjustment or recovery of the overpayment is effective with the first
month we determine the liable overpaid recipient meets the requirement of defeat the
purpose or deemed defeat the purpose of Title XVI of the Act. For information on defeat
the purpose of Title XVI of the Act, see SI 02260.020.
A subsequent adverse change in the recipient’s financial circumstances that meets
the requirements of defeat the purpose or deemed defeat the purpose of Title XVI of
the Act is not a reopening of the previous waiver determination. Therefore, the rules
of administrative finality do not apply. For information on Title XVI administrative
finality and general reopening policies, see SI
EXAMPLE: Sheila is an SSI recipient who was overpaid $2,500 due to excess income. In March
2013, we discovered the overpayment during a redetermination (RZ). The overpayment
period was January 2012 through March 2013. We reviewed Sheila’s records and determined
she was not at fault in causing the overpayment. Sheila submitted her paystubs timely;
however, we did not post her wages until the March 2013 RZ.
Sheila was still working in March 2013; therefore, she was able to repay the $2,500
overpayment. Sheila requested a waiver of the overpayment. After conducting a personal
conference, we denied her waiver because she had the ability to repay.
In August 2014, Sheila filed a waiver request on the remaining $620.00 balance. She
reported she is no longer working, and needs her entire SSI monthly payment to meet
her current ordinary and necessary living expenses.
We may approve Sheila’s waiver of the remaining $620.00. Sheila is an SSI recipient
who is without fault in causing the overpayment. She needs all of her monthly SSI
payment to meet current ordinary and necessary living expenses. Recovery is deemed
defeat the purpose of Title XVI of the Act.
EXAMPLE: Ann is an SSI recipient who has a $3,000 overpayment, which she was without fault
in causing. She has three ineligible children under age 18 in her household who do
not receive income. When we discovered Ann’s overpayment she had $6,800 in total resources,
consisting of a burial plot valued at $6,000 (which is excluded), and $800 in her
checking account (which is countable). Ann agrees to make monthly installments of
$100 to repay the $3,000 overpayment.
After six months of making the monthly installment payments, Ann requests a waiver
of the remaining $2,400 overpayment. She made the six monthly installments from her
checking account, so her balance is now $200.
We may approve Ann’s waiver of the remaining $2,400, as continued recovery would reduce
her total resources below the $6,200 amount allowable in her situation, and defeat
the purpose of Title XVI of the Act. For defeat the purpose of Title XVI of the Act,
see SI 02260.020.