We must send notice of the waiver determination to the overpaid individual, their
representative payee, and their representative or legal guardian, if applicable. If
an estate or distributee requested the waiver, we must send our waiver determination
to the legal representative of the estate or the distributee,
For more information on who receives notices, refer to NL 10601.210 and NL 00801.001B.3.
For instructions on who is considered a representative, refer to GN 03910.020. For instructions on contacting a representative, refer to GN 03910.050.
We must send a waiver approval notice if we approve the individual’s waiver request.
We will waive recovery of an overpayment if:
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The individual is not at fault in causing the overpayment, AND
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Recovery or adjustment:
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impedes effective or efficient administration of the Social Security Act (administrative
tolerance), refer to GN 02250.350; or
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is deemed to defeat the purpose of the Act, refer to GN 02250.110, or
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is against equity and good conscience, refer to GN 02250.150; or
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We will also waive recovery of a Title XVI overpayment if the overpayment was due
to the individual’s resources exceeding the limit by $50 or less, unless the individual
willfully and knowingly failed to report the value of the excess resources correctly
and in a timely manner, refer to GN 02250.090.