I-2-2-90.Sample Language Which May Be Appropriate in the Notice of Hearing - Overpayment Issues

Last Update: 8/15/05 (Transmittal I-2-61)

A. Title II overpayments

The general issues are whether you were overpaid benefits within the meaning of section 204 of the Social Security Act and, if so, whether recovery of the overpayment may be waived.

The specific issues are whether you were “without fault” as defined in 20 CFR § 404.507 in causing the overpayment and, if so, whether recovery of the overpayment would (1) defeat the purpose of Title II of the Act, as defined in 20 CFR § 404.508, or (2) be against equity and good conscience as defined in 20 CFR § 404.509.

B. Title XVI overpayments

The general issues are whether you were overpaid benefits within the meaning of section 1631 of the Social Security Act and, if so, whether recovery of the overpayment may be waived.

The specific issues are whether you were “without fault” as defined in 20 CFR § 416.552 in causing the overpayment and, if so, whether recovery of the overpayment would (1) defeat the purpose of Title XVI of the Act, as defined in 20 CFR § 416.553, (2) be against equity and good conscience as defined in 20 CFR § 416.554, or (3) impede efficient or effective administration of Title XVI due to the small amount involved as defined in 20 CFR § 416.555.

C. Title II and XVI overpayments

The general issues are whether you were overpaid benefits within the meaning of sections 204 and 1631 of the Social Security Act and, if so, whether recovery of the overpayment may be waived.

The specific issues are whether you were “without fault” as defined in 20 CFR §§ 404.507 and 416.552 in causing the overpayment and, if so, whether recovery of the overpayment would (1) defeat the purpose of Titles II and XVI of the Act, as defined in 20 CFR §§ 404.508 and 416.553, (2) be against equity and good conscience as defined in 20 CFR §§ 404.509 and 416.554, or (3) impede efficient or effective administration of Title XVI due to the small amount involved as defined in 20 CFR § 416.555.