Against equity and good conscience definition

Against equity and good conscience means that adjustment or recovery of an incorrect payment (under title II or title XVIII) will be considered inequitable if an individual, because of a notice that such payment would be made or by rea­ son of the incorrect payment, relin­ quished a valuable right (examples (1). (2), and (5)) or changed his position for the worse (examples (3), and (4)). In reaching such a determination, the in­ dividual’s financial circumstances are ir­ relevant.

Against equity and good conscience means that adjustment or recovery of an incorrect payment will be considered inequitable if an individual, because of a notice that such payment would be made or by reasons of the incorrect payment, relinquished a valuable right or changed his position for the worse. In reaching such a determination, the individual's financial circumstances are irrelevant. 20 C.F.R. §410.561d (2000); Hervol v. Director, OWCP, 16 BLR 1-53 (1990). Back to Text

Against equity and good conscience means that adjustment or recovery of an incorrect payment (under title II or title XVIII) will be considered inequitable if an individual, because of a notice that such payment would be made or by

Examples of Against equity and good conscience in a sentence

• The ability to resume research will also depend on research participant willingness to participate when restrictions are lifted.

• Section 404.509 is amended by revising the introductory paragraph to read as follows, by deleting example 2, and by redesignating “Examples 3,4, and 5” as “Examples 2, 3, and 4”,respectively.§ 404.509 Against equity and good conscience; defined.

More Definitions of Against equity and good conscience

Against equity and good conscience means that the claimant changed the claimant’s position for the worse depending on the receipt of the benefits, or relinquished a valuable right depending on the continued receipt of the benefit, such as a person who moved out of Florida, giving up subsidized Section 8 housing, and depending on the SSI payment to pay for the new unsubsidized housing in North Carolina.

Against equity and good conscience means that DUA will not attempt to recover overpayments when the claimant gave up a valuable right or changed position to their detriment because of the overpayment. For example, a claimant may have been eligible to receive transitional assistance benefits, had the claimant not received unemployment benefits. That claimant relinquished the right to welfare benefits, and cannot collect them retroactively if the claimant repays the UI overpayment.

Against equity and good conscience means that adjustment or recovery of an incorrect payment will be considered inequitable if an individual, because of a notice that such payment would be made or by reason of the incorrect payment, relinquished a valuable right (example 1); or changed his position for the worse (example 2). In reaching such a determination, the individual's financial circumstances are irrelevant...