TN 14 (03-97)
GN 02280.847 Sample Guide — Partial Waiver Denial (Waiver Only Requested) - Refund Requested -
RSI Cases
Name
Address
Dear
We are writing about your request that we waive the collection of your Social Security
overpayment. Based on the facts we have, we will waive the collection of part of your
Social Security overpayment of $(1) . You will not have to pay back $(2) of this overpayment. However, this means that you still have to pay back $(3) of this overpayment.
Below, we explain why we cannot waive the collection of all of your overpayment.
The Reason For Our Decision
For us to waive the collection of all of your overpayment, two things have to be true.
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•
It was not your fault that you got too much social security money
AND
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•
Paying us back would mean you cannot pay your bills for food, clothing, housing, medical
care, or other necessary expenses, or it would be unfair for some other reason.
Based on the facts we have, you do not meet both of these rules. The following will
tell you why.
(4)
We apply three tests when we decide if you are at fault in causing an overpayment.
The first is whether you made an incorrect statement or a statement which you knew
or should have known was incorrect. The second is whether you failed to give us timely
information which you knew or should have known was important. The third is whether
you accepted payments which you either knew or could have been expected to know were
incorrect.
(5)
Therefore, based on the facts we have, we cannot waive the collection of (6) of this overpayment. This means that you must pay this money back.
How To Pay Us Back
You should refund this overpayment within 30 days. You can send us a check or money
order for (7) . Make your check or money order out to the Social Security Administration. Be sure
to put your claim number. (8) , on it. Please use the enclosed envelope to mail the check or money order to us.(9)
Do You Think We Are Wrong
(If waiver is denied because the person declined the conference, or failed to appear
for it, include:)
“If you think we are wrong, you have the right to appeal. We will correct any mistakes.
We will look at any new facts you have. Then a person who did not make the first decision
will decide your case again.
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•
You have 60 days to ask for an appeal.
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•
The 60 days start the day after you get this letter.
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•
You will have to have a good reason for waiting more than 60 days to ask for an appeal.
You have to ask for an appeal in writing. We will ask you to sign a form called “Request for Reconsideration.” The form number is SSA-561-U2. To get this form, contact one of our offices. We can
help you fill out the form.
(If waiver is denied after a personal conference, include:)
A person who has not seen your case before will look at it. That person will be an
Administrative Law Judge. The Administrative Law Judge will correct any mistakes and
look at any new facts you have before deciding your case. We call this a hearing.
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•
You have 60 days to ask for a hearing.
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•
The 60 days start the day after you get this letter.
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•
You will have to have a good reason for waiting more than 60 days to ask for a hearing.
You have to ask for a hearing in writing. We will ask you to sign an SSA Form HA-501-U5,
called, “Request for Hearing.” Contact one of our offices if you want help.”
If You Have Any Questions
If you have any questions, you should call, write, or visit any Social Security office.
If you visit an office, please bring this letter. It will help us answer your questions.
Sincerely,
Name
Field Officer Manager
Enclosure
Refund Envelope
Fill-ins:
1 ) amount for which the person is liable minus any amount repaid to date
2 ) amount of the overpayment for which recovery is being waived
3 ) amount for which recovery is not waived
4 ) narrative explanatin of how the overpayment occurred
5 ) narrative explanation of the resaons for denying waiver
6 ) show same amount as fill-in (3)
7 ) show same amount as fill-in (3)
8 ) Social Security number and BIC
9 ) If a repayment agreement was reached at the personal conference, include it here.