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.
I would cite POMS GN 02250.002
ReplyDeleteI'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.
ReplyDeleteGive 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.