BASIC (08-06)

A. Reconsideration Requested Within 30 Days

When a request for reconsideration of waiver determination is filed within 30 days (plus 5 or more days for mailing) of the date of the waiver denial notice, do not commence recovery action unless/until:

• The determination affirms the waiver denial; and

• Thirty days (plus 5 or more days for mailing) after the date of the reconsideration notice affirming the waiver denial.

B. Late Filing of Reconsideration Request With Good Cause

When a request for reconsideration of waiver determination is filed more than 30 days (plus 5 or more days for mailing) after the date of the waiver denial notice, and good cause for late filing exists (See VB 02501.010), stop recovery and reinstate full monthly payment pending the outcome of the waiver determination reconsideration. If the waiver denial is affirmed on reconsideration, resume recovery action. Do not suspend recovery while the person pursues further levels of appeal.

C. Reconsideration Determination to Waive Recovery

If the reconsideration results in a determination to waive recovery of all or part of the overpayment:

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

• Follow instructions in VB 02005.365 for processing waiver approvals/denials. Use DOCS as instructed in VB 02005.115 to notify the debtor of the waiver, or of partial waiver and of any overpaid funds already recovered not waived in the reconsideration determination.

  EXCEPTION: Do not refund payment withheld to recover overpaid funds.

• Not waived in the reconsideration waiver determination (i.e., in partial waiver, do not refund overpaid funds the recovery of which has not been waived); or

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

• If an unresolved overpayment exists.