Page:United States Statutes at Large Volume 113 Part 3.djvu/333

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1851 "(2) if such individual is otherwise so quaHfied, become qualified for increased benefits under this title. "(c) WAIVER OF RECOVERY OF OVERPAYMENT.— In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if the Commissioner of Social Security determines that the adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience. "(d) LIMITED IMMUNITY FOR DISBURSING OFFICERS.— A disbursing officer may not be held liable for any amount paid by the officer if the adjustment or recovery of the amount is waived under subsection (b), or adjustment under subsection (a) is not completed before the death of the qualified individual against whose benefits deductions are authorized. " (e) AUTHORIZED COLLECTION PRACTICES.— "(1) IN GENERAL. —With respect to any delinquent amount, the Commissioner of Social Security may use the collection practices described in sections 3711(e), 3716, and 3718 of title 31, United States Code, as in effect on October 1, 1994. "(2) DEFINITION.— For purposes of paragraph (1), the term 'delinquent amount' means an amount— "(A) in excess of the correct amount of the payment under this title; and "(B) determined by the Commissioner of Social Security to be otherwise unrecoverable under this section from a person who is not a qualified individual under this title. "SEC. 809. HEARINGS AND REVIEW. 42 USC 1009. "(a) HEARINGS.— "(1) IN GENERAL.— The Commissioner of Social Security shall make findings of fact and decisions as to the rights of any individual applying for payment under this title. The Notice. Commissioner of Social Security shall provide reasonable notice and opportunity for a hearing to any individual who is or claims to be a qualified individual and is in disagreement with any determination under this title with respect to entitlement to, or the amoiuit of, benefits under this title, if the individual requests a hearing on the matter in disagreement within 60 days after notice of the determination is received, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing affirm, modify, or reverse the Commissioner of Social Security's findings of fact and the decision. The Commissioner of Social Security may, on the Commissioner of Social Security's own motion, hold such hearings and conduct such investigations and other proceedings as the Commissioner of Social Security deems necessary or proper for the administration of this title. In the course of any hearing, investigation, or other proceeding, the Commissioner may administer oaths and affirmations, examine witnesses, and receive evidence. Evidence may be received at any hearing before the Commissioner of Social Security even though inadmissible under the rules of evidence applicable to court procedure. The Commissioner of Social Security shall specifically take into account any physical, mental, educational, or linguistic limitation of the individual (including any lack of facility with the English language) in determining, with respect to the entitlement of the individual

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