| U.S. Department of Labor | Office of Workers’ Compensation Programs Division of Energy Employees Occupational Illness Compensation Washington, DC 20210 |  |
RELEASE – TRANSMISSION OF REVISED MATERIAL TO BE INCORPORATED INTO THE FEDERAL (EEOICPA) PROCEDURE MANUAL: CHAPTER 3-0800, OVERPAYMENT PROCESS
EXPLANATION OF MATERIAL TRANSMITTED:
This material is issued as procedural guidance to update, revise and replace the text of the Federal (EEOICPA) Procedure Manual (PM) Chapter 3-0800, Overpayment Process. This version incorporates changes that have arisen since the last publication of Chapter 3-0800, to include:
· Remove pagination from the Chapter.
· Remove the Page Number column from the Table of Contents.
· Remove all footers subsequent to the Table of Contents.
· In the Table of Contents, change the administrative write off amount from $2,000 to $2,500. Rename changed Sections and Exhibits.
· Section 1 - Purpose and Scope: Change EEOICPA to Energy Employees Occupational Illness Compensation Program Act (EEOICPA).
· Section 2 - Legislative Authority and Directives:
a. Change Energy Employees Occupational Illness Compensation Program Act to EEOICPA.
e. Add (DOJ) after Department of Justice and then use DOJ thereafter. Change OWCP to DEEOIC.
f. Add (Treasury) after Department of the Treasury.
g. Reword the paragraph pertaining to DOJ's authority in fraud cases.
h. Reword the paragraph pertaining to OIG cases.
· Section 3 - Definition of Overpayment: - No change.
· Section 4 - Notification of EEOICPA Payment: Add EEOICPA to title of paragraph. Provide a more thorough explanation of when a payee is considered to have been notified of a payment. Includes language pertaining to the responsibility of the overpaid party who must notify DEEOIC of an incorrect payment.
· Section 5 - Recovery of Funds by District Office: Change Section from Identifying Overpayment to Recovery of Funds by District Office. Includes procedure pertaining to compensation paid after claimant's death.
· Section 6 - Referral to NO: Change Section from Compensation Paid After Claimant's Death to Referral to NO. The Section includes procedures for the DO or FAB in the referral of cases with overpaid benefits to NO. Includes language that the authority ·to issue overpayment decisions rests solely with the Policy Branch.
· Section 7 - Identifying Overpayments: Change Section from Review and Initial Notification to Identifying Overpayments.
· Section 8 - Review and Initial Notification: Change Section from Telephone Conferences to Review and Initial Notification.
a. Administrative Write-off. Include clarification that an administrative write-off is not an official overpayment, and is only entered into a spreadsheet located in the Policies and Procedures / Overpayments folder on the DEEOIC shared directory.
b. Reword Determination of Fault paragraph.
c. Reword Initial Notification paragraph. Change the signature of the overpayment initial notice from the Policy Unit Chief to the Policy Analyst and includes an Initial Overpayment Notice and OWCP-20. Deletes reference to Exhibit 7 (Overpayment Recovery Questionnaire). A statement is added that it is available online. In paragraph (2), add language pertaining to waiver restriction. In paragraph (3), change order of claimant's rights and remove inspect DEEOIC records. Add to the filing date of claimant's challenge when it is received in the Central Mail Room. The paragraph includes that Exhibits 1 and 2 are attached. The paragraph includes language pertaining to a current address obtained after a debt has been referred to Treasury
d. Add paragraph Notification of Federal Debt After Claimant's Death.
· Section 9 - Telephone Conferences: Change Section from Burden of Proof to Telephone Conferences. Burden of proof language is included in Section 10. Change the statement that a request for a telephone conference is held within 30 days of the request for the conference instead of 30 days from the date of the overpayment initial notice.
c.(2). Change the requirement to allow the claimant 15 days to provide comment from the date of the conversation to the date of the letter and memorandum. Change the requirement to make findings after the conference from the date comments are received to the 15th day after the letter and memorandum.
· Section 10 - Consideration of Overpayment Waiver: Change title of Section from Waiver to Consideration Of Overpayment Waiver. Include clarification that an overpayment waiver can be considered only if the claimant is not at fault in causing the overpayment. Include clarification that an overpayment waiver will not be considered once an overpayment decision letter is issued, unless the claima.nt no longer lives at the address in the DEEOIC record, and did not receive the letter.
a.(2): Change the waiver criteria for the income remaining after expenses from $50 to $200.
a.(2)(d): Change the waiver criteria amount allowed under miscellaneous expenses from $50 to $200.
b.(2)(a) Example 2: Change wording from claimant signs a lease to claimant signs an application to rent a larger apartment.
· Section 11 - Overpayment Decisions: Change the signature of the overpayment decision letter from the Policy Unit Chief to the Policy Analyst who prepared the letter if it does not involve a waiver. Move authority to issue overpayment decisions to Section 6. Move language pertaining to administrative write-off to Section 8.
a. Include language that the first demand letter must include due process required by Treasury. Change the exhibit numbers.
b. Change from Issuing a Waiver to Waiver Approved. Provide additional explanation that if a waiver is granted under the "defeat the purpose of the EEOICPA" clause, it must be a full waiver, but a partial waiver can be granted under the "against equity and good conscience" clause.
· Section 12 - Overpayment Database: Add Section pertaining to an explanation of the use of the overpayment database.
· Section 13 - Treasury Report on Receivables and Debt Collection: Add Section pertaining to an explanation of the Treasury Report on Receivables and Debt Collection Activities (TROR).
The following Exhibit has been updated:
· Exhibit 1
o Change OWCP to DEEOIC.
o Change EEOICPA case number to case ID.
o Clarify that once an overpayment decision letter is issued, a waiver of recovery of the overpayment is no longer an option.
o Clarify that without the required financial documentation, a waiver cannot be granted.
o Change DEEOIC mailing address and advise claimant not to send original documents.
o Change DEEOIC address for sending payments.
o Change signature to Policy Analyst.
o Add "Notice to Customers Making Payment by Check."
o Add Response to Initial Overpayment Notice form.
· Exhibit 2
o Change name of sample.
o Change OWCP to DEEOIC.
o Change EEOICPA case number to case ID.
o Clarify that a waiver can only be granted when the claimant is without fault.
o Clarify that once an overpayment decision letter is issued, a waiver of recovery of the overpayment is no longer an option.
o Clarify that without the required financial documentation, a waiver cannot be granted.
o Change DEEOIC mailing address and advise claimant not to send original documents.
o Change DEEOIC address for sending payments.
o Change signature to Policy Analyst.
o Add "Notice to Customers Making Payment by Check."
o Add Response to Initial Overpayment Notice form.
· Exhibit 3
Revise name of Exhibit 3 from Less than $2,500 to state Equal to or Less than $2,500.
Change EEOICPA case number to case ID.
· Exhibit 4
Clarify language on Checklist.
· Exhibit 5
o Change EEOICPA case number to case ID.
o Add line for Participants.
o Add line for Preparer.
o Add Purpose of Telephone Conference paragraph.
o Add Pre-Conference Call paragraph.
o Remove specific itemized examples pertaining to financial information.
o Include option for type of waiver requested.
o Add Conclusion paragraph.
· Exhibit 6
o Update language in cover lette .
o Add option to request additional information.
o Change DEEOIC mailing address.
· Exhibit 7
o Delete form Overpayment Recovery Questionnaire (OWCP-20.)
o Change Exhibit 7 to - Sample Overpayment Final Decision - Preliminary at Fault Determination Correct. This Sample was previously Exhibit 9 with a minor name change.
o Change DEEOIC mailing address.
o Change signature to Policy Analyst.
o Add "Notice to Customers Making Payment by Check."
· Exhibit 8
o Delete previous Exhibit 8 - Sample Final Decision (With Fault Preliminary Incorrect).
o Change Exhibit 8 to Sample Overpayment Final Decision - Without Fault - Waiver Denied.
o Change the income remaining after expenses to $200.
o Change DEEOIC mailing address.
o Change signature to Policy Analyst.
o Add "Notice to Customers Making Payment by Check."
· Exhibit 9
o Move Exhibit 9 - Sample Final Decision (With Fault Preliminary Correct) to Exhibit 7 with a minor name change.
o Change Exhibit 9 to Sample Overpayment Final Decision - Waiver Granted Based on Defeat Purpose of EEOICPA.
o Change the allowable income remaining after expenses to $200.
The following Exhibits have been added:
· Exhibit 9
Sample Overpayment Final Decision - Waiver Granted Based on Defeat Purpose of EEOICPA.
· Exhibit 10
Sample Overpayment Final Decision - Waiver Granted (Full or Partial) Based on Violate Equity and Good Conscience
· Exhibit 11
Sample Letter to Non-Claimant Regarding Federal Debt
Rachel P. Leiton
Director, Division of
Energy Employees Occupational Illness Compensation
________________________________________________________________
Filing Instructions:
Remove Insert
PM Ch. 3-0800 PM Ch. 3-0800
File this transmittal behind Part 3 in the front of the Federal (EEOICPA) Procedure Manual.
Distribution: List No. 3: All DEEOIC Employees
List No. 6: Regional Directors, District Directors, Assistant District Directors, National Office Staff, and Resource Center Staff.