EXAMPLE 1: When Tom and Alice Miles requested waiver in November, they indicated that they rely
entirely on their Social Security benefits of $600 a month to meet expenses averaging
$600 a month. In December, when the waiver request is being considered in the FO,
the cost of living increase has already been announced effective December, payable
January 3. Since it is known that the combined benefits will exceed $626 after the
cost of living increase (allowing for the increased SMI premium), it is decided (in
December after a personal conference) that recovery will not defeat the purpose effective
EXAMPLE 2: Mr. Jerry Pitt was overpaid $1,250. In addition to his automobile, he owns outright
a camper which has a current fair market value of $11,000. Mr. Pitt alleges a monthly
income of $940 and adjusted expenses of $940 which includes $275 for upkeep and insurance
on the camper. The camper is not a necessity of life and represents a disproportionate
share of Mr. Pitt's expenses. In view of this asset (and the resulting expenditures
which are not necessary), a finding of defeat the purpose of title II is not justified.
EXAMPLE 3: Rachel Robbins is overpaid $2,000. Her income is $642 a month and her adjusted expenses
are $642 a month. She has assets valued at $3,500. Recovery would not defeat the purpose
for $500 of the overpayment ($3,500 - $3,000).