Sample Memorandum of Conference

 

 

NAME OF CLAIMANT:

 

FILE NUMBER:

 

DATE OF CONFERENCE:

 

PARTICIPANTS:  Name of PA and Claimant or Representative

 

ISSUE (S):  The questions for determinations are: 1) Whether the claimant is “without fault” in the creation of the overpayment in the amount of $50,000; 2) Whether repayment of the overpayment is to be made or waived; 3) If repaid, at what rate.

 

BACKGROUND:

What was claimed by whom?

What award was made?

How it was determined that the previous award was an error?

Discussion of FAB’s Final Decisions.

 

A preliminary overpayment decision was issued on {Insert date} indicating that the overpayment amount was $50,000.  In response to the preliminary decision, the claimant requested a telephone conference.

 

DISCUSSION:  I contacted Mr. Claimant on {Insert date} to discuss the overpayment.  A pre-conference call was held at this time.  Mr. Claimant was asked if he understood how the overpayment occurred and how it was calculated.  He was also asked if he understood that he had been found “with fault” in the matter of the overpayment and a waiver could not be considered.  We discussed the three conditions under which repayment may be waived.  I explained to be eligible for a waiver of recovery of the overpayment, he had to prove that he was “without fault” in the creation of the overpayment, then through extensive financial documentation prove that recovery of the overpayment would cause a financial hardship.  I explained to Mr. Claimant that during the actual conference, he would also have to provide the financial information that was requested in the OWCP-20 Overpayment Questionnaire.  Following the conference call, I would prepare a memorandum summarizing the discussion and a copy would be forwarded to him for comments.  He was also told that documentation to support the information provided during the conference must be submitted to the National Office to be considered in conjunction with the information provided during the conference.  We scheduled the telephone conference for {Insert date} from {Insert times}.

 

The conference was held on {Insert date} as scheduled.  Mr. Claimant was again advised of the criteria for determining fault and waiver, proceedings of the conference, and the confirmation process.  He was questioned as to whether he understood the conference process and if he was ready to proceed.  He responded affirmatively.

 

Mr. Claimant feels that he is “without fault” in the creation of the overpayment, because he thought his father only had three children.  He was not aware of the fourth child that just surfaced {Continue explanation of claimant}.

 

I told Mr. Claimant that if the fault finding was changed to “without fault” then we could consider waiving the overpayment, but he must prove by his financial documentation that he was not able to repay the overpayment.  Mr. Claimant stated that he does not have any of the money left from the overpaid amount.  He further advised that he has not transferred by loan, gift, or sale any property or cash since he was notified of the overpayment.  Mr. Claimant reports his salary with the XYZ Company as his only source of income.  He currently earns $2,143 every 2 weeks.  His household consists of himself, his wife, and one minor child.  His wife earns $1,000 every 2 weeks and receives no other income.  Mr. Claimant stated that he used to have rental property, but had loans on all of them and they needed repairs.  He had to file bankruptcy and give up the rental property.  Mr. Claimant reports having two household vehicles.  A 2003 Pontiac Grand AM that belongs to his wife and his 2003 Ford F-150 Truck.  He reports having no other assets.

 

The claimant reported the following expenses:

 

Mortgage                              $1,143.00 per month

 

Food                                    $500.00 per month

 

Clothing                                $350.00 per month

 

Utilities:

Electric and gas (combined billing)     $240.00 per month

Telephone                               $249.00 per month

Water                                   $110.00 every 3 months

 

Home Maintenance

Check #5877   December 21, 2006 broken pipes         $238.96

Check #5772   February 18, 2006                       $24.10

Check #5786   March 31, 2006                         $193.50

Check #5819   September 27, 2006 lawn motor battery $35.02

              $491.58

 

Medical

He and his daughter are covered under his wife’s medical and dental plans.  They only pay the $10.00 co-payment when they have to go to the doctor.  The co-payment for their dental varies depending on the type of dental work being done.

 

Expenses for both vehicles:

Car Note for 2003 Grand AM                   $435.00 per month

Car Note for 2003 Ford Truck                 $355.00 per month

Insurance on 2003 Grand AM                   $900.00 per year

Insurance on 2003 Ford Truck               $1,000.00 per year

Gas for Mr. Claimant to go back & forth to work

@ approximately 18 to 20 miles per day        $20.00 per day

Gas for spouse to go back & forth to work

@ approximately 16 miles per day              $20.00 per day

Vehicle maintenance for the 2003 Ford Truck recently
                                              $200.00 one-time charge

 

Credit Cards or Loans

None (filed bankruptcy)

 

I asked Mr. Claimant if he owned any valuable property, other than his home, family automobiles, and household furnishings.  He responded negatively.

 

I asked him about any funds that he and/or his spouse may have and he responded as follows:

     1.  Cash on Hand?                               None

     2.  Checking Account balance                    $100.00

     3.  Savings Account balance                     $1,000.00

     4.  Current value of any stocks and bonds       None

     5.  Value of other personal property and other funds None

 

I informed Mr. Claimant that if the fault finding was not changed to “without fault” the debt must be repaid to the National Office in full.  If installment payments are necessary, 2% interest will be accrued annually.  If this becomes the case, we will use the financial information and evidence to determine the monthly repayment amount.  Informed Mr. Claimant that since he did not submit the OWCP-20 and supporting documents with his telephone conference request, he must submit the supporting documents with his response to the Memorandum of Conference.  Supporting financial documents should include copies of income tax returns, bank account statements, bills, canceled checks, pay slips, and other records to support the income and expenses he provided during this conference.

 

I asked Mr. Claimant what amount, if any, he could afford to pay without suffering from a financial hardship.  He indicated that he could only afford to pay $150.00 per month.

 

 

Policy Analyst