FECA overpayment regulations (2009 clearance)

[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.431]

[Page 38]

TITLE 20--EMPLOYEES' BENEFITS

CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT,

Subpart E_Compensation and Related Benefits

Sec. 10.431 What does OWCP do when an overpayment is identified?

Before seeking to recover an overpayment or adjust benefits, OWCP

will advise the beneficiary in writing that:

(a) The overpayment exists, and the amount of overpayment;

(b) A preliminary finding shows either that the individual was or

was not at fault in the creation of the overpayment;

(c) He or she has the right to inspect and copy Government records

relating to the overpayment; and

(d) He or she has the right to present evidence which challenges the fact or amount of the overpayment, and/or challenges the preliminary finding that he or she was at fault in the creation of the overpayment. He or she may also request that recovery of the overpayment be waived.

Sec. 10.432 How can an individual present evidence to OWCP in response to a preliminary notice of an overpayment?

The individual may present this evidence to OWCP in writing or at a

pre-recoupment hearing. The evidence must be presented or the hearing

requested within 30 days of the date of the written notice of

overpayment. Failure to request the hearing within this 30-day time

period shall constitute a waiver of that right.

Sec. 10.438 Can OWCP require the individual who received the overpayment to submit additional financial information?

(a) The individual who received the overpayment is responsible for

providing information about income, expenses and assets as specified by

OWCP. This information is needed to determine whether or not recovery of an overpayment would defeat the purpose of the FECA, or be against

equity and good conscience. This information will also be used to

determine the repayment schedule, if necessary.

(b) Failure to submit the requested information within 30 days of

the request shall result in denial of waiver, and no further request for waiver shall be considered until the requested information is furnished.