GN 02250: Waiver Provisions for Title II and Title XVIII Overpayments
TN 14 (02-98)
Procedure
Use the following table to determine if all necessary development has been completed.
| IF | THEN + | ||
|---|---|---|---|
| 1. | Entries on SSA-632-BK | the SSA-632-BK contains conflicting statements | resolve conflicts. |
| the fault allegation is inconsistent with the facts or is not related to the overpayment | resolve conflicts and obtain relevant information | ||
| SSA-632-BK shows persons who cannot be covered by the request | develop waiver from those persons. | ||
| separate SSA-632-BK's are needed for payee and beneficiary | obtain SSA-632-BK. | ||
| If the SSA-632-BK does not specify the separate finances of each member of the household, | obtain individual breakdown. | ||
| If finances are not verified, | obtain verification. DEQY can be used to verify income. | ||
| If expenses exceed income and no explanation is given, | obtain explanation. | ||
| If the beneficiary got a large retroactive check and there is no comparable asset, | obtain explanation of how the check was spent. | ||
| 2. | Specific Without Fault Allegations | If the person alleges misunderstanding about allowable earnings, | obtain evidence showing that the person restricted his/her take-home pay to the allowable amount. |
| If the person alleges not knowing that earnings before the first month of entitlement would cause deductions, | request evidence showing that earnings after the first month of entitlement did not exceed the limit. | ||
| If the person has earnings higher than expected, | verify the amount of earnings and how and when they were paid. | ||
| If the person alleges not knowing that special payments would cause deductions, | obtain the employer's statement about the type and amount of special payment. | ||
| If the person alleges not knowing that earnings after termination would cause deductions, | obtain a breakdown of earnings for the year of termination. | ||
| If the person alleges not understanding deduction or entitlement provisions, | request evidence that shows a bona fide attempt to comply with the provisions of the law. |