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Nov 2, 2011

Quiz Answer

Question: How long does a claimant who has been overpaid by Social Security have to request waiver of the overpayment?

Potential answers:
  • 20 days
  • 60 days
  • 180 days
  • There is no time limit
Correct answer: There is no time limit. I can give no link to authority on this because no time limit is set by statute, regulation or otherwise. I cannot link to something that does not exist. There is a 60 day time limit to request reconsideration of the fact of the overpayment -- that is to challenge the existence or amount of the overpayment but that is separate from a waiver request.

2 comments:

  1. I would cite POMS GN 02250.002

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  2. I've never understood the rationale behind not having a time limit for requesting waiver. The system allows for multiple requests for waiver on the same overpayment in perpetuity, with the necessity of the "personal conference" in the case of a denial (a ridiculous procedure made mandatory by a stupid circuit court decision in Yamasaki, 1981). I've seen multiple requests over a period of years for the SAME overpayment.

    Give the overpaid claimant one shot at a waiver request, and let the appeals process follow. This bureaucratic nonsense only delays recovery of incorrectly paid benefits.

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