Sample Initial Overpayment Notification Letter - AT Fault

 

                                  Employee: 

                                  EEOICPA Case ID:

                                  EEOICPA Claim ID:

 

 

 

Claimant Name

Address

 

Dear [Claimant Name]:

 

The Division of Energy Employees Occupational Illness Compensation (DEEOIC) has made a preliminary finding that you have been overpaid benefits in the amount of [$    ].  The overpayment occurred because:

 

[Describe reason]

 

DEEOIC has also made a preliminary finding that you were at fault in this matter for the following reason(s):

 

[Describe reason]

 

This letter is not a final decision. You have the right to submit evidence or arguments which you believe will affect these preliminary findings if:

 

1.   You disagree that the overpayment occurred;

 

2.   You disagree with the amount of the overpayment;

 

3.   You believe that the overpayment occurred through no fault of your own; or

 

4.   You believe that the overpayment occurred through no fault of your own and that DEEOIC should waive recovery of the overpayment.

 

ACTIONS YOU MAY TAKE

 

You may take any one of the following actions within 30 days of the date of this letter:

 

1.   Request a telephone conference with the DEEOIC National Office; or

 

2.   Request that the DEEOIC National Office issue a final decision based on the written evidence of record.

 

The following issues will be addressed during the telephone conference or in writing:

 

a.   How the overpayment occurred and the amount;

 

b.   Discuss the criteria for a waiver on collecting the overpayment.

 

INFORMATION NEEDED TO WAIVE RECOVERY OF THE OVERPAYMENT

 

A waiver of recovery of an overpayment can only be granted when the claimant is without fault in causing it.  When the claimant is without fault, the law states that DEEOIC may not recover the overpayment if the recovery would defeat the purpose of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), or the recovery would be against equity and good conscience.

 

To defeat the purpose of the EEOICPA, it must be found that the claimant requires substantially all current income to meet current ordinary and necessary living expenses and the claimant’s assets do not exceed a specified amount as determined by DEEOIC from data furnished by the Bureau of Labor Statistics.

 

It would be against equity and good conscience to recover an overpayment when:

 

1.   A claimant would suffer severe financial hardship in trying to repay the debt;

 

2.   A claimant, acting on incorrect information from DEEOIC, gives up a valuable right, such as leaving a job which he or she cannot regain; or

 

3.   A claimant, acting on incorrect information from DEEOIC, spends or commits funds in ways which he or she otherwise would not have done, and suffers a financial loss as a result.

 

DEEOIC may overturn the preliminary finding of at fault based on new evidence or arguments you submit. This action may make it possible for DEEOIC to waive recovery of the overpayment. Therefore, you should complete the enclosed Overpayment Recovery Questionnaire (Form OWCP-20) and submit it to this office at the DOL DEEOIC Central Mail Room address.  You should attach supporting documents to Form OWCP-20, including copies of income tax returns, bank account statements, bills and canceled checks, pay slips, and any other records which support the income and expenses listed.  Do not send originals as they will not be returned.

 

If the preliminary finding is overturned, this information will help us determine whether or not you meet the criteria to waive recovery of the overpayment. If the preliminary finding is upheld or waiver is not granted, the information will be used to decide how to collect the overpayment.

 

Please note that if we make a final decision that you were at fault in creating an overpayment, we cannot waive recovery of the overpayment.  However, we will not try to collect the overpayment until we reach a final decision on your request for waiver.

 

Also, please note that under 20 CFR 30.518, we will deny a waiver if you fail to furnish the information requested on the enclosed Form OWCP-20 (or other information we need to address a request for waiver) within 30 days.  We will not consider any further request for waiver until the requested information is furnished.  Once an overpayment final decision letter is issued, a waiver of recovery of the overpayment is no longer an option.

 

CONTACTING DEEOIC

 

If you wish to have a telephone conference, please so state on the attached Response to Initial Overpayment Notice, and send it to the DOL DEEOIC Central Mail Room address noted below within 30 days.  You must also submit a detailed explanation of your reasons for requesting a waiver, a fully-completed and signed Form OWCP-20, and supporting documents. We will then contact you to arrange a convenient time for the conference, allowing enough time for you to prepare.  If we do not receive a reply from you within 30 days of the date of this letter, we will issue a final decision based on the information currently on file.  Please note that without the required financial information, a waiver of recovery of the overpayment cannot be granted.

 

If you wish to have a decision made based on the written evidence only, please so state on the attached form and send it to this office at the DOL DEEOIC Central Mail Room address within 30 days. (We may still contact you to arrange a telephone conference if the written evidence is not complete enough to make a decision.)

 

A request for either a conference or a decision on the written evidence, along with any supporting evidence or arguments, should be sent to the following address:

 

DOL DEEOIC Central Mail Room

PO Box 8306

London, KY  40742-8306

 

If you do not disagree with findings of this decision, and wish to make payment at this time, please send a check or money order to the address shown below.  Make it payable to the “U.S. Department of Labor, OWCP”, notate the case ID, and indicate that it is for an overpayment.

 

U.S. Department of Labor

DEEOIC

PO Box 77247

Washington, DC  20013-7247

 

If we do not receive a reply from you within 30 days of the date of this letter, we will issue a final decision based on the evidence of record.

 

If you have any questions about this letter, you may contact me at {          } or 202-693-0081.

 

Sincerely,

 

 

 

{PA name}

Policy Unit

DEEOIC

 

Enclosure: Form OWCP-20

           Response to Initial Overpayment Notice

 

 

 

 

 

 

                         

 

 

Notice to Customers Making Payment by Check

 

When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment.

 

Privacy Act – A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information from your check, and explaining the purposes and routine uses which will be made of your check information, is available on internet site at: https://www.pccotc.gov/pccotc/index.htm , or call toll free at 1-866-945-7920 to obtain a copy by mail.  Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by some other method.

 


RESPONSE TO INITIAL OVERPAYMENT NOTICE

 

 

EMPLOYEE:         

EEOICPA CASE ID:  

CLAIMANT:          

EEOICPA CLAIM ID:

 

 

____ I request a telephone conference with the DEEOIC National Office on the issues of fault and possible waiver of recovery of this overpayment. My supporting financial documents are enclosed.

 

____ I request that the DEEOIC National Office make a decision based on the written evidence on the issues of fault and possible waiver of recovery of this overpayment.  My supporting financial documents are enclosed.

 

 

 

Signature: ______________________________ Date: ________________