Here are examples of situations where we determine if we can approve the waiver under
the administrative tolerance provision.
EXAMPLE 1:
Double check negotiation requires further development
Danika did not receive the February 2024 SSI payment on the first of the month. They
requested a replacement check. We sent a replacement check to Danika. We advised them
to return the original check if they received the check or found it. On February 9,
2024, they received the replacement check. Danika cashed both checks.
Danika received an overpayment notice informing them that the regular February 2024
monthly payment of $943 and the $943 replacement check were both cashed. Danika went
to the local office to request a waiver. There is an indication that Danika may be
at fault because of double-check negotiation. Therefore, we cannot presume Danika
is not at fault and must evaluate the waiver request using full waiver development,
according to GN 02250.001. If after Danika submits a form SSA-632-BK, we determine that they are not at fault,
we will waive the overpayment under the administrative tolerance provision. If we
find Danika is at fault and cannot approve waiver after the initial review, we must
propose a denial and schedule a folder review and personal conference.
EXAMPLE 2:
Administrative tolerance does not apply
Bryce was overpaid $4,500 due to a late report of their marriage. They repaid $2,600
of the overpayment, then subsequently requested a waiver because they could no longer
afford to repay the remaining balance. Even though Bryce now owes only $1,900, the
administrative tolerance does not apply to waive the overpayment because the original
overpayment was $4,500. We must evaluate the waiver request using full waiver development.
EXAMPLE 3:
Administrative tolerance applies
We conducted a redetermination in November 2023. We verified Ruhn’s wages for the
period December 2021 through October 2023. The verified wages caused an overpayment
of $800 between March 2022 and September 2023. We sent a notice of overpayment to
Ruhn and they requested a waiver. The technician presumed Ruhn was not at fault because
there was no indication of fraud, similar fault, or duplicate check negotiation. Since
the total amount of the overpayment was $2,000 or less, we approved the waiver under
the administrative tolerance provision.