20 C.F.R. § 416.555
Waiver of adjustment or recovery—impede administration
Waiver of adjustment or recovery is proper when the overpaid person on whose behalf waiver is being considered is without fault, as defined in § 416.552, and adjustment or recovery would impede efficient or effective administration of title XVI due to the small amount involved. The amount of overpayment determined to meet such criteria is measured by the current average administrative cost of handling such overpayment case through such adjustment or recovery processes. In determining whether the criterion is met, the overpaid person's financial circumstances are not considered.
Notes of Decisions
Cited in 3
cases, 1980–1995 · leading case: Ruppert v. Sec'y of the United States Dep't of Health & Human Servs., 671 F. Supp. 151 (E.D.N.Y. 1987).
Ruppert v. Sec'y of the United States Dep't of Health & Human Servs., 671 F. Supp. 151 (E.D.N.Y. 1987). “20 C.F.R. § 416.555 . The Secretary’s final decisions regarding claimants’ entitlement to SSI benefits are subject to judicial review by the federal district courts.”
Meyer v. Sec'y of Health, 513 F. Supp. 41 (W.D. Mich. 1980). “20 CFR 416.555 (1979) also states as follows: Waiver of adjustment or recovery is proper when the overpaid person on whose behalf waiver is being considered is without fault, as defined in § 416.”
Besbeas v. Chater, 898 F. Supp. 630 (N.D. Ill. 1995). “20 C.F.R. § 416.555 (1994). To establish the first prong of the waiver test, the payee must meet the burden of showing initially that he was “without fault” in obtaining the overpayment.”
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