TN 32 (03-15)

Citations:

Section 204(b) of the Act;

20 C.F.R. §404.506

A. General title II waiver policy

An overpaid beneficiary may request, at any time, that we waive recovery of an overpayment. The beneficiary may request waiver either orally or in writing; even if we have completed recovery. We will waive an overpayment if the beneficiary is:

1. Without fault in causing the overpayment; and

2. Recovery or adjustment of the overpayment would defeat the purpose of Title II or be against equity and good conscience.

B. Stopping recovery

Stop recovery as of the month we receive the waiver request via the Debt Management System (DMS) or Manual Adjustment, Credit, and Award Data Entry (MACADE) system. For more detailed instructions on stopping recovery, see GN 02201.021 if you are in the field office (FO) or GN 02201.023 if you are in the program service center (PSC).

NOTE: We may have to repay money that we withheld if we withheld the money after we received the request.

C. References

GN 02250.001 Waiver – Title II, XVIII

GN 02250.005 Fault/Without Fault Findings – Waiver

GN 02250.100 Defeat the Purpose

GN 02250.150 Against Equity and Good Conscience