TN 10 (07-90)

A. Policy

Generally, the overpaid person must request waiver except for a blanket waiver due to dollar down rounding (see GN 02250.330 ).

1. When Waiver May Be Requested

Waiver may be requested at any time. Waiver may also be requested when:

• a person becomes aware of his or her liability for repayment of an overpayment, or

• at the same time he or she appeals the fact or amount of an overpayment, or

• after denial of a previous request for waiver.

The fact that a person is not eligible for or entitled to benefits or that recovery has begun or is completed, is immaterial.

2. How Waiver May Be Requested

A request for waiver may be a formal request or may be implied. The request may be in various forms:

• a plea for relief in a letter to a PC or from a Congressman;

• verbal request to a field office or Debt Management Branch (DMB) employee;

• the tear-off portion of the SSA-3105; or

• the SSA-632-BK, Request for Waiver and Recovery Questionnaire (GN 02250.240 and GN 02250.400). This is the preferred form for requesting waiver because it elicits all information needed to make the waiver determination.

B. Procedure

1. Title II Beneficiary Wishes to Request Waiver

Give beneficiary who asks about filing for waiver an explanation of:

1. the two-step waiver process (i.e., initial interview when waiver is requested; if waiver cannot be approved, a personal conference using information from the folder with opportunity for a folder review at least 5 days before the conference);

2. his/her right to request folder review at any time in the waiver process and that the process will be interrupted until the folder is received from the PC;

3. his/her right to obtain legal representation;

4. the need for verification of income, assets and certain expenses and how this information is used. (See GN 02250.250.)

2. What to Consider as Waiver Request

Consider any written document a request for waiver as long as the necessary information (i.e. the information requested on the SSA-632-BK) is furnished in a signed statement. If waiver is requested on an SSA-561-U2, see GN 02201.025.

3. Documentation Needed

Fully document any request for waiver, whether actual or implied, and developed allegations before making a determination. Obtain sufficient information to clarify the issues of fault, ability to repay and equity. Instruct the person requesting waiver to submit the information needed to make a waiver determination.