C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart F—Overpayments, Underpayments, Waiver of Adjustment or Recovery of Overpayments, and Liability of a Certifying Officer

20 C.F.R. § 404.523

Findings by SSA

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(a) Following the hearing or a review of the record, we will issue written findings which include supporting rationale for the findings. Issuance of these findings concerning whether the overpayment or part of the overpayment is past due and legally enforceable is the final Agency action with respect to the past-due status and enforceability of the overpayment. If we make a determination that a waiver request cannot be granted, we will issue a written notice of this determination in accordance with the regulations in subpart J of this part. Our referral of the overpayment to the Department of the Treasury will not be suspended under § 404.525 pending any further administrative review of the waiver request that the individual may seek.

(b) Copies of the findings described in paragraph (a) of this section will be distributed to the overpaid individual and the overpaid individual's attorney or other representative, if any.

(c) If the findings referred to in paragraph (a) of this section affirm that all or part of the overpayment is past due and legally enforceable and, if waiver is requested, we determine that the request cannot be granted, we will refer the overpayment to the Department of the Treasury. No referral will be made to the Department of the Treasury if, based on our review of the overpayment, we reverse our prior finding that the overpayment is past due and legally enforceable or, upon consideration of a waiver request, we determine that waiver of our collection of the overpayment is appropriate.

[56 FR 52469, Oct. 21, 1991, as amended at 62 FR 64278, Dec. 5, 1997]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2022 · leading case: Grice v. Colvin, 97 F. Supp. 3d 684 (D. Maryland 2015).
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Grice v. Colvin, 97 F. Supp. 3d 684 (D. Maryland 2015). · cites it 2× “See 20 C.F.R. § 404.523 (a). Also, unlike a decision on waiver or reconsideration, this decision is the SSA’s final decision on overpayment.”
Connally v. Comm'r, Soc. Sec. Admin. (N.D. Tex. 2022). “See 20 C.F.R. § 404.523 (a), (b). Here, in its second denial of Plaintiff’s request for a waiver of the overpayment, the Commissioner informed Plaintiff of his right to request the denial be reviewed by an ALJ.”
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