BASIC (08-06)

A. Policy – Administrative and Judicial Review

Per VB 02501.035, initial determinations subject to administrative and judicial review include the fact, amount, cause and proposed action to recover an overpayment. VB 02502.001 says that the first step in administrative review is reconsideration.

B. Procedure – Request for Reconsideration

1. Request Made Prior to Scheduled Personal Conference

Consider the following when request for reconsideration is made prior to personal conference:

• While a request for waiver may be made at any time, a request for reconsideration of any of the issues in VB 02005.355A. should be filed within 60 days of the date a person receives the overpayment notice. See GN 03102.100. See VB 02501.010 for policy and procedures on documenting good cause for late filing.

• If the person indicates prior to the scheduled personal conference that he/she wants a reconsideration of the initial overpayment determination INSTEAD OF a waiver determination, secure an SSA-561-U2 (Request for Reconsideration) or document the request on an RC or SSA-795 and forward to the CPS/FO with jurisdiction. See VB 00901.015. Otherwise, process the request for waiver and the request for reconsideration of the initial overpayment determination separately.

• If the requester is abroad, fax and then mail the request to the CPS having jurisdiction, for reconsideration processing per VB 02502.010.

• If the requester is in the United States, forward the request for reconsideration to the CPS/FO with jurisdiction. See VB 00901.015. See VB 02502.000 for reconsideration policy and procedures.

• See VB 02005.360C. for instructions on handling a request made at a personal conference for reconsideration of an initial overpayment determination.

2. Effect of Request

When a request for reconsideration is filed within 30 days of the overpayment notice (plus 5 or more days for mailing):

• Stop recovery actions; and

• Refund by AOTP any payments withheld in the month the request is filed (see SM 01901.001)

• See VB 02005.370 for policy and procedures on reconsideration of a waiver determination.

When a request for reconsideration is filed after the 30 (plus 5) day period, but within the 60 day period specified in VB 02005.355B.1. (or later with good cause):

• Stop recovery actions; and

• Effective with the month the request is filed, refund by AOTP any payments that were withheld to recover the overpayment. See SI 02220.017A.4.e.

• Resume recovery only after the reconsideration determination affirms the initial determination. If the person requests waiver, see VB 02005.300B.2.