GN 02250: Waiver Provisions for Title II and Title XVIII Overpayments
TN 18 (11-09)
A. Policy for proving allegations on the SSA-632-BK
1. When proof is needed
Unless a person is receiving cash public assistance or recovery can be found to be against equity and good conscience, he or she must submit proof of all income and assets and for some expenses alleged on the SSA-632-BK when requesting:
A rate of withholding which would extend recovery beyond 36 months (or beyond entitlement), or
A rate of withholding that is less than $10.00 a month.
Expenses not requiring proof are food and miscellaneous household expenses unless they seem unusually large. Proof must be of current financial circumstances.
2. Who obtains proof
The person requesting the waiver, not SSA, is responsible for furnishing the needed proof. Proofs should be submitted within 30 days after the SSA-632-BK is completed.
B. Procedure for proving allegations on the SSA-632-BK
Tell the person during the initial waiver interview about the requirements for verification. An overpaid person must submit proof of allegations of all income, assets, and some expenses when requesting waiver. If a rate of withholding which would extend recovery beyond 36 months (or beyond entitlement) or is less than $10.00 a month, proof of income, assets, and some expenses must be submitted. Expenses not requiring proof are food and miscellaneous household expenses, unless they seem unusually large. Proofs must represent current financial circumstances.
Proof of allegations made on the SSA-632-BK is not required if the overpaid person is receiving cash public assistance or when recovery is against equity and good conscience.
1. Verification of allegations
If the evidence supports the allegations on the SSA-632-BK, annotate the SSA-632-BK detailing what proof was provided, the date it was examined and the examiner's initials. If the evidence does not agree with the allegations, have the person amend the SSA-632-BK or provide additional information to support his or her allegations.
NOTE: If the overpayment amount is $75,000 or more, also retain copies of whatever proofs the debtor submitted along with their completed SSA-632 in the paper folder, EF or NDRed.
2. Person cannot get proofs in 30 days
If it appears the waiver can be approved, extend the 30-day period for furnishing evidence only when the person notifies us that he or she is actively trying to obtain the needed proofs and cannot obtain them within 30 days.
3. When to proceed without proofs
If it appears that the person is at fault for the overpayment, do not wait 30 days before requesting the folder. Document the decision not to wait and follow instructions in GN 02250.250B.4.
Also, when a waiver is denied on one factor alone and there is insufficient documentation to make other findings, curtail development unless it is needed in conjunction with another issue.
4. Proofs not furnished within 30 days
If the person has not furnished the necessary proof within 30 days, or notified us that he or she needs more time, take the following actions:
Request the folder (if paper folder is involved);
Input a waiver denial on the Waiver Disposition (DRWD) screen in DMS; and
Schedule a personal conference.
If the person still does not respond or does not show up for the personal conference and there is not enough information to approve the waiver, take the following actions:
Prepare, date and sign the SSA-635 Waiver Determination documenting that the person did not provide proofs with the SSA-632-BK and was a no show for the personal conference. For instructions on how to prepare the SSA-635, see GN 02250.315;
Input a waiver denial on the Waiver Disposition (DRWD) screen in DMS and a no show on the Process Personal Conference (DRPC) screen in DMS;
Prepare notice, per instructions in GN 02250.370;
Review GN 02250.301, T2 Waiver Decisionmaker and then release the notice according to the instructions;
Annotate DMS Remarks; and
If the folder is in the FO, file the completed SSA-635 and return the folder.
If an electronic folder (EF) is involved, fax the completed SSA-635 into the EF.
If the paper folder is not available and there is no EF, fax the SSA-635 to the Non-Disability Repository for Evidentiary Documents (NDRed). For the link to the NDRed application, see GN 00301.310.