Social Security Ruling 94-4p.; Title II of the Social Security Act and Title IV of the Federal Mine Safety and Health Act of 1977 Waiver of Recovery of OverpaymentsNotice of Appeal and Waiver RightsRight to a Pre-Recoupment Oral Hearing Before Waiver Can Be Denied

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In accordance with 20 CFR 422.406(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling 94-4p. This Ruling states the Social Security Administration's longstanding policy of giving adequate written notice of a determination of overpayment and the right to contest such determination and of providing the person from whom we are seeking recovery with an opportunity for a face-to- face oral hearing before we deny that person's request for waiver of recovery of the overpayment. This policy is based on the 1974 court decision in Buffington, et al. v. Weinberger, No. 734-73C2 (W.D. Wash. October 22, 1974), and Supreme Court decision in Califano v. Yamasaki, 442 U.S. 682 (1979).