Sample OVERPAYMENT Decision (With Fault Preliminary Incorrect)

 

Dear [Claimant Name]:

 

This letter is in further reference to the overpayment of benefits in the amount of [$] that was found in your case, which occurred because:

[Describe reason]

 

Your case has been carefully studied and any additional evidence or arguments submitted have been given full consideration.  It has been determined that the preliminary finding that you were at fault in the matter of the overpayment was incorrect for the following reason(s):

[Describe reason]

 

Option 1 In addition, I have determined that the circumstances of your case warrant [full or partial] waiver of recovery of the overpayment for the following reason(s):

[Describe reason]

Since waiver of recovery has been granted, you are absolved of any indebtedness resulting from the overpayment in your case.

 

OR

 

You are partially absolved of indebtedness in the amount of $____, resulting from the overpayment in your case.

 

OR

 

Option 2 However, even though you have been found to be without fault, it has been determined that the circumstances of your case do not warrant [full] waiver of the overpayment.  The reasons for this decision are:

[Describe reason]

You should forward a check in the amount of [entire amount] or you should send a check in the amount of [$] each month until the overpayment is repaid.  Make the check payable to the U.S. Department of Labor, OWCP, and include your EEOICPA file number on the check.  All payments to OWCP should be sent to:

 

US DEPARTMENT OF LABOR

OWCP/EEOICPA

POST OFFICE BOX 70943

CHARLOTTE, N.C. 28272-0943

 

Interest will begin to accrue as of the date of this letter, at the current rate of the U.S. Treasury note.  However, interest charges will be waived if the debt is paid in full within 30 days. If you wish to repay the entire amount of the overpayment at this time, and thus avoid payment of interest, please submit your full payment immediately.

 

The first installment payment is due within 30 days from the date of this letter.  At the repayment rate set above, the overpayment should be collected in full on or about [Insert date]. If we do not receive payment or some indication that you intend to make payment within 30 days, your overpayment will be considered a delinquent debt.  Should this occur, administrative charges for the cost of sending additional demands for payment may be added to the debt.

 

DEEOIC will refer delinquent debts to the Department of the Treasury to recover an overpayment from the debtor’s salary or for collection by administrative offset from any federal payments that may be due to you.  We will assess an additional administrative cost to help defray the expense of this referral.  Information about the status and delinquency of your debt will also be subject to credit reporting. 

 

You have the following rights in connection with this decision:

 

 

 

 

If you believe that any information of record concerning your debt is not accurate, timely, relevant, or complete, you must provide information or documentation to support your belief within 30 days from the date of this letter.

 

Sincerely,

 

 

Unit Chief for Policies,

Regulations and Procedures

DEEOIC

 

Enclosure: