BASIC (08-06)

A. Policy – The Determination

Whether the waiver request is approved or denied, the waiver requester must be notified of the determination and of available appeal rights, and the determination must be effectuated.

B. Procedure – Action by the Decision Maker

1. Action Following Approved Waiver Request

If the personal conference is held within the 50 United States, the District of Columbia or the Northern Mariana Islands, personnel in that office will effectuate the waiver determination. To effectuate the determination:

• Prepare, date and sign the special determination (SSA-553) documenting the personal conference determination. The SSA-553 documents the file to show that the waiver requester had the opportunity to review his/her folder and/or attended the personal conference. The SSA-553 also serves as the basis for the explanation of determination in the notice to the debtor;

• Refund, by A-OTP (see SM 01901.005), any money which as been withheld that is subject to the waiver determination;

  NOTE: Do not refund payment withheld.

• When there is another collect determination (i.e., different period of overpayment); or

• An unresolved overpayment exists; or

• In partial waiver cases: any funds withheld, the recovery of which has not been waived.

Add the waiver determination (see MSOM BUSSR 004.007 through MSOM BUSSR 004.009, UOWV screen); and,

Prepare and send a manual notice of approved waiver or partial waiver through DOCS, as instructed in VB 02005.115.

If the personal conference is held in an office in Puerto Rico, Guam, American Samoa or the U.S. Virgin Islands, personnel in that office will forward the documented file to the CPS/FO having jurisdiction for effectuation of the determination.

2. Action Following Denial of Waiver Request

If the personal conference is held within the 50 United States, the District of Columbia or the Northern Mariana Islands, personnel in the office in which the conference is held will effectuate the waiver determination. To effectuate the determination:

• Prepare, date and sign the special determination (SSA-553) documenting the personal conference determination. The SSA-553 documents the file to show that the waiver requester had the opportunity to review his/her folder and/or attended the personal conference. The SSA-553 also serves as the basis for the explanation of determination in the notice to the debtor.

• Add the waiver determination (UOWV screen, see MSOMBUSSR 004.009).

• If the veteran is currently eligible to receive SVB payments, recovery will resume/commence only after 30 days (plus 10 days for mailing) have passed from the date the notice of waiver denial is prepared and sent.

• If the veteran is not currently eligible to receive SVB payments, initiate recovery as described in VB 02005.200 through VB 02005.225 and MSOM BUSSR 004.007 through MSOM BUSSR 004.009.

• Prepare and send a manual notice of waiver denial through DOCS. Even though waiver is denied and recovery begins, the debtor has the right to appeal. See VB 02503.020.

If the personal conference is held in an office in Puerto Rico, Guam, American Samoa or the U.S. Virgin Islands, personnel in that office will forward the documented file to the CPS/FO having jurisdiction for effectuation of the determination as above.