EEOICPA Case ID:

                                  EEOICPA Claim ID:




Claimant Name



Dear {Claimant Name}:


This is the final decision in reference to the overpayment of benefits in the amount of {$     } in your {Part B and/or E} claim under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or Act).  A full waiver recovery of the overpayment in your claim is hereby granted.


{Provide explanation of how overpayment occurred.}



On {date}, the Division of Energy Employees Occupational Illness Compensation (DEEOIC) sent you a letter informing you of the overpayment, with a finding that you were without fault in creating the overpayment.  The letter also informed you that when a without fault finding is made, the overpaid claimant is still required to repay that money, but may request a waiver under certain financial circumstances.  You requested a waiver of recovery of the overpayment.


The EEOICPA Federal Procedure Manual at Chapter 3-0800.10.a states that an overpayment waiver may be granted if recovery would defeat the purpose of the EEOICPA.  This means that it must be found that the claimant requires substantially all current income to meet current ordinary and necessary living expenses.  To meet this criterion, the monthly income must not exceed monthly expenses by more than $200.  In addition, the claimant’s countable assets must not exceed an amount as determined by data obtained from the Bureau of Labor Statistics (BLS).  The countable asset limit is $5,500 for an individual and $9,200 for an individual and spouse, plus $1,100 for each dependent. 


To support your waiver request, you submitted the required financial information.


{Describe documents submitted and financial information}



The information you provided shows that your household consists of you, {include spouse and number of children, if any}.  The monthly household income is approximately {$     }.  The monthly expenses are approximately {$     }.  Based on this information, your expenses are within the limits of being reasonable and necessary, and your monthly income does not exceed your monthly expenses by more than $200.  Your countable assets of {$    } do not exceed the resource limit of {$     } based on the limit for your household.  As such, your financial documents show that you meet the criteria for a waiver of recovery of the overpayment based on “recovery would defeat the purpose of the EEOICPA.”


Accordingly, the DEEOIC grants a waiver of recovery of the {$  } overpayment in the Part {B and/or E} claim filed by {Claimant’s name}.  This matter is closed and no further action will be taken.  If you have any questions about this letter, you may contact this office at {Analyst’s phone number} or 202-693-0081.







Unit Chief for Policy,

Regulations and Procedures