Effective Dates: 11/22/2024 - Present Previous | Next

TN 61 (11-24)

GN 02250.255 Documents to Support a Deemed to Defeat or Defeats the Purpose Waiver Determination - Title II and Title XVI

A. Introduction

This POMS section discusses the documents we need to support a deemed to defeat the purpose or defeats the purpose waiver determination. The documents may include verification of the overpaid individual’s and any household family member’s monthly income. We may also need to verify the overpaid individual's and any household family member's resources. We may also need to verify receipt of certain needs-based assistance for a deemed to defeat determination.

B. Policy

We may require documents to support a deemed to defeat the purpose or defeats the purpose determination. For a defeat the purpose determination, generally, the supporting documents must be no older than 3 months from the date we receive the waiver request. For a deemed to defeat determination, the supporting documentation of certain public assistance should be no older than one year from the date we receive it.

1. Documents to support a deemed to defeat the purpose determination

For a deemed to defeat the purpose determination, if an overpaid individual or representative payee (payee) alleges they or any household family member receives needs-based assistance and this information is not in our records, they must submit the proof to us. Refer to GN 02250.110C.1. The individual may need to provide proof of the following needs-based assistance:

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    Temporary Assistance for Needy Families (TANF);

    Department of Veterans Affairs (VA) service and non-service-related disability pension based on need; or

    Supplemental Nutrition Assistance Program (SNAP).

For more information on the proofs needed, refer to GN 02250.110C.1.

If the overpaid individual's household income is at or below 150 percent of the Federal Poverty Level (FPL), we must verify the household resources. If the overpaid individual is a legally competent adult, they must provide their authorization for us to obtain financial account information, even if they have a representative payee (payee). If the overpaid individual is a legally incompetent adult or a minor child, the legal guardian or parent must sign the authorization. The overpaid individual or their payee must provide proof of the resources for the household family members. Refer to GN 02250.110C.2.

2. Documents to support a defeats the purpose determination

The overpaid individual or their representative payee (payee) is responsible for providing proof of monthly household income and resources, if we do not have the information in our records. We do not require proof of expenses.

We require an overpaid individual to provide their authorization for us to obtain financial account information whenever we need the information to make a defeats the purpose waiver determination. For more information about Access Financial Institution (AFI) for defeats the purpose, refer to GN 02250.100E.3.

If we need financial information from a spouse, parent, or other household family member, the overpaid individual or payee must provide the financial information.

If the individual’s allegations of their household income and resources show they would not meet the defeats the purpose requirement, we do not require the individual to provide authorization for AFI or proof of income and resources. For more information about the defeats the purpose requirements, refer to GN 02250.100B.

C. List of supporting documents

This chart shows a list of acceptable documents to support the waiver request. The list is not exhaustive.

Type of information

Examples of acceptable documents

1. Income includes:

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    Government benefits (e.g., Social Security, railroad, workers' compensation, unemployment compensation);

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    Net wages;

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    Net income from self-employment;

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    Child support;

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    Alimony;

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    Pensions;

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    Investment income (e.g., interest, royalties, dividends, and rent); or Income from an Individual Retirement Account (IRA), Keogh plan, or any other type of retirement plans.

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    Income from an Individual Retirement Account (IRA), Keogh plan, or any other type of retirement plans.

 

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    Pay slips or stubs;

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    Most recent tax return (useful for developing unstated income from the SSA-632 and self-employment income);

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    Notification letter for the current year (such as COLA letters);

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    Benefit Statement (e.g., unemployment);

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    Court order document (i.e., alimony, child support);

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    Tax return - Helps determine number of household family members, and unstated income;

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    Proof of support or payments by others - provide a signed statement from the individual or organization who provides the support.

2. Resources:

Resources generally include cash or other liquid assets or any real or personal property that could be converted to cash to repay an overpayment.

Do not include the individual’s residence or any other items listed in GN 02250.100E.2.

Do not include resources that cannot be converted to cash without incurring a penalty.

Do not include any resource or fund that generates income the overpaid individual needs to meet ordinary and necessary living expenses.

IMPORTANT: 

If the resources are not available to the overpaid individual or a household family member, we will not consider those resources when we make a defeats the purpose waiver determination.

For more information about the resources we consider and exclude for a defeats the purpose determination, refer to GN 02250.100E.

 

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    Savings bonds;

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    Stock certificates or statements;

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    Bond certificates or statements;

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    Mortgage statement/deed for non-principal home;

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    Automobile registration (for any vehicle not excluded);

NOTE: 

Electronic verification of the resource is acceptable in lieu of a paper statement.
To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202250255
GN 02250.255 - Documents to Support a Deemed to Defeat or Defeats the Purpose Waiver Determination - Title II and Title XVI - 11/22/2024
Batch run: 11/22/2024
Rev:11/22/2024