Jennifer Cronenberg, NOSSCR Senior Counsel and Director of Legal Information

This month, SSA made two claimant-friendly updates. Please read the details below and email me if you have any questions.

EM-24021 – 2024 Full Medical CDR Workload – One-Time-Only Instructions

• For the remainder of FY 2024, the field offices will not send additional full medical CDRs to DDS;
• If unassigned full medical CDRs are currently pending, DDS will take no action for the remainder of FY 2024;
• For pending full medical CDRs that require a consultative evaluation, all CEs scheduled on or after June 21, 2024 will be canceled (unless the case is for a low birth weight baby, expedited reinstatement, pre-hearing, disability hearing, or fraud or similar fault);
• If there is currently insufficient evidence in the file to make an age-18 redetermination, DDS will not initiate additional development, schedule a CE, or assign a medical or psychological consultant for review.

Please note that DDS is “not responsible for notifying beneficiaries regarding the suspension of the CDR.” Thus, if you have any claimants who have CDRs pending, we encourage you to speak with your claimants about the above changes.

GN 02250 TN 56 and SI 02260 TN 47 – Waiver Provisions for Overpayments

• The administrative waiver tolerance has been increased from $1,000 to $2,000 in both Title II and SSI cases;
• When a liable person requests waiver and the total amount of that person’s liability is $2,000 or less, recovery will be waived (unless there is some indication that the person may be at fault);
• Application of the $2,000 administrative waiver tolerance depends on the total amount of a person’s liability;
  • Example: a person who is liable for several overpayments, which total more than $2,000, even though each is $2,000 or less, cannot be considered for waiver under this tolerance;
• If an overpayment of more than $2,000 has been reduced to $2,000 or less by repayment or collection, the waiver tolerance does not apply;
• If the person requests a reconsideration on the amount of the overpayment and the person is liable for an overpayment of $2,000 or less, the reconsideration is treated as a request for waiver after the processing center (PC) makes a formal reconsideration determination or dismissal, if there will be no effect on current or future benefits per GN 02201.013E.1;
• Neither full development nor an SSA-632-BK (Request for Waiver of Overpayment Recovery or Change in Repayment Rate) is required for waivers which will be processed under this provision.

While we know that overpayment cases can be complicated and burdensome, we encourage you to speak with eligible claimants about their administrative waiver eligibility. Our new claimant website offers multiple resources for those looking for overpayment help. If you aren’t able to take a case, we encourage you to screen the claim for potential administrative waiver eligibility, and, when possible, use the provided resources to guide the claimant through the proper paperwork. Thanks to NOSSCR member Michelle Spadafore, there are several downloadable easy-to-complete forms that can help guide you.