TN 10 (11-09)

A. Problems with folder review or personal conference scheduling

If folder review is refused or the person does not appear for the review, no action is necessary. Folder review prior to the conference is voluntary, and conference scheduling is unaffected.

B. When the scheduling letter is returned as “Undeliverable”

Request a current address from the postmaster by sending an SSA-L2001, Address Information Request, to the United States Postal Service servicing the address of record and use any other knowledgeable sources in the folder.

If a current address cannot be obtained, document efforts and proceed as if the person declined or failed to appear for a conference, modifying the letter as appropriate. Follow instructions in GN 02270.007C in this section.

C. When the personal conference is declined

1. Person does not appear

If the person does not appear for the personal conference, contact him or her by telephone to determine if he or she wants to decline the personal conference. Reschedule the conference if requested. Annotate the Debt Management System (DMS) remarks.

If unable to contact the person by telephone, reschedule the conference. Explain in the notice rescheduling the personal conference that failure to appear will result in SSA making the waiver determination based on the evidence that we already have in file. Annotate DMS remarks. If the person fails to appear for the rescheduled conference and you are unable to contact him or her via telephone, treat this as a declined conference and follow the instructions in GN 02270.007C.2.

2. Person declines personal conference

If the person declines the personal conference while in a field office, have him or her sign an SSA-795, Statement of Claimant or Other Person. However, if the person declines the personal conference over the telephone, documenting the decision on a Report of Contact or the equivalent is appropriate.

Make the waiver decision based upon all of the evidence in file and prepare a SSA-635, Waiver Determination and notice (see GN 02250.370 Waiver Notice) and release the notice after the review in GN 02250.301B.2, T2 Waiver Decisionmaker.

Input the decision type of “refused conference” (or “no show” if applicable) on the Process Personal Conference (DRPC) screen in DMS (see MSOM DMS 006.009). Also annotate DMS Remarks.

3. Reconsideration or administrative law judge (ALJ) hearing requested in lieu of personal conference

If the person only wants reconsideration of the fact or the amount of the overpayment and is not requesting a waiver decision, complete an SSA-561-U2, Request for Reconsideration (see GN 02201.025 Overpayment Reconsideration), alert the servicing program service center (PSC) via a modernized development worksheet (MDW), and annotate DMS Remarks.

NOTE: The request for reconsideration must be filed within 65 days after the date of the initial overpayment notice. If the request is later then good cause development must be completed. See GN 03101.020 for information regarding the request for reconsideration.

After the reconsideration request is filed, input a decision type of “refused conference reconsideration” on the DRPC screen in DMS.

If the person insists on an ALJ hearing instead of a personal conference or reconsideration in a waiver only case, explain the appeals steps (see GN 02250.380, Appeal of Waiver Determination). If he or she still insists on requesting a hearing, see GN 03103.120, Hearing Filed Before Receipt of Reconsideration Determination, for instructions on filing the hearing request.

If an ALJ hearing is requested in a combined waiver and reconsideration case, complete an HA-501-U5, Request for Hearing by Administrative Law Judge, and notify the servicing PSC by administrative message or MDW. For FO and PSC instructions for forwarding an HA-501-U5 and paper folder (if available) to the ALJ, see GN 03103.080 and GN 03103.090.

Input a decision type of “escalated” on the DRPC screen and annotate DMS Remarks.

Fax a copy of all material and a copy of the HA-501-U5 to the Non-Disability Repository for Evidentiary Documents (NDRed).

D. When the person wants a representative to take his place at the personal conference

Explain that a representative may be present at the conference but the representative cannot take the person's place. The purpose of the conference is to assess the person's credibility and this cannot be done solely on the appearance and statement of a representative.

E. When the person agrees to repay the overpayment

• Prepare an SSA-635 denying waiver;

• Modify the notice, taking into account the repayment agreement making sure the repayment amount is appropriate based on GN 02210.030 -– GN 02210.045;

• Input the waiver denial using the Waiver Disposition (DRWD) screen in DMS;

• Obtain any reviews as required per GN 02250.301;

• Input the repayment agreement using the Waiver Disposition (DRWD) screen.

  NOTE: This can be done the same day as the waiver denial input but should be done after that input.

• Release the notice; and

• Annotate DMS Remarks and include the conversation with the person.

F. When a compromise offer is received

• Follow the instructions in GN 02215.100 - GN 02215.125 regarding making the compromise decision, DMS inputs, and notification;

• Prepare an SSA-635 denying waiver;

• Input the waiver denial on the Waiver Disposition (DRWD) screen in DMS;

• Modify the waiver denial notice to take into account the compromise agreement and follow instructions for effectuating the decision in GN 02215.115, FO Handling of Compromise Offers;

• Release the notice; and

• Annotate DMS Remarks and include the conversation with the person.