FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

(a) Identify and describe the issues that were
discussed during the conference;

(b) Identify the PA who conducted the co
and who participated in the conference;

(c) Describe the position of DEEO
claimant coming into the confere

(d) Describe the explanation pro
conference that is relevant he

(e) Describe what was sa onference
that is relevant to t

sed confirm the
llected during the
n the Memorandum of

(f) Describe the
accuracy of the info
conference tha re
Conference; a

any ag ments reached in the

dum of Conference to the

confer icipant(s) for review and comments.

i mple memorandum cover letter to the
allows fifteen (15) days from the
ter and memorandum for the claimant to
nts. After the 15 day period, the PA
gs on the issues for resolution and

ents these findings in the final overpayment
sion.

ration of Overpayment Waiver. When the claimant is
in causing the overpayment, DEEOIC may waive

f£ all or part of an overpayment based on whether the
ant meets the financial criteria as stated in 10.a or 10.b.
rther explanation of a partial waiver, see paragraph

(2) (b) Example 2. A determination to waive recovery of an
erpayment is based on the PA’s review of a fully completed
Form OWCP-20 and supporting documentation, and additional
documentation or argument submitted by the claimant. Form OWCP-
20 is designed to obtain extensive financial information,
including income, expenses, and assets.



FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE MEMORANDUM TO FILE FOR ADMINISTRATIVE WRITE-OFF OF DEBT
EQUAL TO OR LESS THAN $2500

MEMORANDUM
DATE:

TO: {Name], Unit Chief, PRPU

FROM: {Name], Policy Analyst
SUBJECT: Employee:
Claimant:
DEEOIC CASE ID:
ADMINISTRATIVE WRITE-OF: F EQ! TO OR
d cl

LESS THAN $2,500

CS), 4 CFR Section
compromised if the cost of
enforci the collection of the

The Federal Claims Collectio
103.4, state that a claim ma
collection would not ju

full claim. Section 10 at collection action may be
terminated when it is at the cost of further collection
action will exceedgthe ja ely to be recovered. Ina

1986, the Comptroller General
uding that these standards extend to
om federal employees, and that

inimum debt amounts” and realistic
returns” in their debt collection
term’“minimum debt amounts” refers to the

£ categorical thresholds beneath which collection
ot be initiated because the amount of the debts in
o small in relation to the costs of attempting
fforts. “Diminishing returns” refers to an agency’s
of thresholds beneath which the agency will
collection efforts already initiated when it appears
the costs of additional collection actions would exceed the
s likely to be recovered. The Comptroller General

ucted further that agencies may, on a case-by-case basis,

e the anticipated costs of required administrative hearings
into consideration when determining whether to compromise or
terminate collection action.

decision issued
elaborated on

Exhibit 3

Page 1 of 2


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

otherwise would not have done, and suffers a financial loss

as a result.
DEEOIC may overturn the preliminary finding of at fault on
new evidence or arguments you submit. This action may aa
possible for DEEOIC to waive recovery of the overpayme
Therefore, you should complete the enclosed Overp
Questionnaire (Form OWCP-20) and submit it to t
DOL DEEOIC Central Mail Room address. You sho
supporting documents to Form OWCP-20, including
tax returns, bank account statements, bills
pay slips, and any other records which s me and
expenses listed. Do not send originals
returned.

information will
criteria to waive
recovery of the overpayment.
upheld or waiver is not gra i mation will be used to
decide how to collect the o

we cannot waive recovery of
will not try to collect the
a final decision on your request for

fault in creating an
the overpayment.
overpayment unti
waiver.

Also, plea der 20 CFR 30.518, we will deny a
waiver if@y ai urnish the information requested on the
enclosed I (or other information we need to address a
3 iver) within 30 days. We will not consider any
equest for waiver until the requested information is
furnishe € an overpayment final decision letter is issued,

a recovery of the overpayment is no longer an option.
DEEOIC
£ wish to have a telephone conference, please so state on
iE ttached Response to Initial Overpayment Notice, and send it

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

Exhibit 2
Page 3 of 6


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

Monthly Income:
{Identify each income source} $

Monthly Expenses:
{Identify each monthly expense} $

Countable Assets:
(Identify each countable asset $
and value)

-OR-

{If waiver request is based on
conscience, describe the basi
documentation submit

{Analyst’s name} informed {Cli it! that if a waiver is
granted based on “against equity conscious,” financial
information is not taken int ation. Therefore, {his /

her} complete financial rmation s not being requested at

this time.

CONCLUSION:

{Analyst’s n laimant’s name} that {he / she}

would prepare emorandum summarizing the telephone
had any comments regarding the

conference.
rt should send the comments in writing to

information in the case file will be

a final decision regarding the overpayment will be
her}. {Claimant’s name} stated that {he / she}

y further statements, and the telephone

Exhibit 5
Page 3 of 3


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

25 Identifying Overpayments. Overpayments occur whenever a
payee or other party is in receipt of lump sum compensation or
payment of medical bills exceeding that for which they are

entitled, and Treasury or DEEOIC could not recoup the o
funds through recovery effort as outlined in paragrap
Overpayment liability is the responsibility of anyone
receipt of funds to which they are not entitled u
EEOICPA.

a. Establishment of an overpayment.
occur for a variety of reasons. Once i inal
decision and a named payee receives u nsation

for a claim, evidence may later ar
to vacate the decision through t
Order. This can occur to corr, y or to
respond to new evidence. On i j cation results
in the publication of a new f
claim, and the new payab pensation is less
then what was previously paid_to payee, DEEOIC has to
find that an overpaymen’ DEEOIC cannot establish
an overpayment unti 1 decision concluding the
s issued. The most

frequent reasons erpayments include the following:
(1) A was paid compensation in error. This
migh the FAB issues a final decision

Claimant received compensation, but the
iscovered that the employee worked at a

workers’ compensation (SWC) benefits was either
properly applied or never applied. For example, a
aimant does not notify the DO that he or she
eceived SWC or money from a tort settlement. The
DEEOIC then awards the claimant compensation without
coordinating (offsetting) lump sum compensation
properly.

(3) A_lump sum award requires adjustment because
additional eligible survivors emerge after payment of
compensation. This results in an overpayment to the
original eligible payee(s). For example, an eligible
child of a deceased employee is awarded survivor



FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

Notice to Customers Making Payment by Check
When you provide a check as payment, you authorize us either +
information from your check to make a one-time electronic f,
your account or to process the payment as a check transact
information from your check to make an electronic fund tf
withdrawn from your account as soon as the same day we rece

Privacy Act - A Privacy Act Statement required by 5 U.S.C. § 5:
soliciting and collecting the information from your check, e
routine uses which will be made of your check information, i!
https: //www.pecotc.gov/pecotc/index.htm , or call toll free at
mail. Furnishing the check information is voluntary, ‘@ dec:
to make payment by some other method. Z

Exhibit 8

Page 5 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

ae A claimant, acting on incorrect information from DEEOIC,
gives up a verifiably valuable right or changes his or her
position for the worse, such as leaving a job which he or she
cannot regain; or

Sia A claimant, acting on incorrect information from
spends or commits funds in ways which he or she ot
not have done, and suffers a financial loss as a

waiver. However, you did not provide any
indicate that you would meet the waiver

The DEEOIC Policy Unit has reviewed t.
in support of your request for a wai
overpayment. The final determina
overpayment in your claim is that
for a waiver to be granted.
overpaid compensation of {$

cision, interest on this
Department of Treasury

In addition, as of the d
debt began accruing a
note rate of { %}
overpayment at thi
please send your
to enter into
payments. If
into a rep t within 30 days of the date of this
letter, delinquent debt.

avoid the payment of interest,
nent immediately. You may also request
greement to make monthly installment

t to note that delinquent debts will be referred
artment of Treasury for recovery. This referral
der the Debt Collection Act, which also

he assessment of interest, administrative costs, and
delinquent debts. Various measures may be utilized
the debt, including administrative wage garnishment,
t of payments from federal programs such as income tax

s, and referral of debts to private collection agencies
redit bureaus. The information that will be provided to a
edit bureau includes your name, address, social security
number, the amount, status, history of the debt, and the program
under which the debt arose (Energy Employees Occupational
Illness Compensation Program).

Exhibit 8
Page 3 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

{Describe documents submitted that meet the criteria
for the waiver}

The DEEOIC has reviewed the documents and statements pré
and finds that you meet the criteria for a waiver.
the DEEOIC grants a {full or partial} waiver of re
overpayment in the amount of {$ } in the Par
claim filed by {Claimant’s name}.

{If full waiver is granted insert
closing paragraph}

This matter is closed and no further
you have any questions about this 1 contact this
office at {Analyst’s phone number} o

Sincerely,

{Name}

Unit Chief for Polic
Regulations and Pro lure
DEEOIC

-or-

{If parti wi x granted, explain further collection actions
@ taken)and rights as noted below, and include Notice for
check payment. }

Yo return the remaining overpaid compensation of {$ }
of e date of this decision, interest on this debt began

accrui at the current U.S. Treasury note rate of { %}

a ly. If you wish to repay the overpayment at this time and

avoid the payment of interest, please send your full payment
immediately. If you cannot pay the full amount at this time,
you may also request to enter into a repayment agreement to make
monthly installment payments.

Exhibit 10
Page 2 of 4


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

If we do not receive payment within 30 days, this will be

considered a delinquent debt. You should be aware that the
DEEOIC will refer delinquent debts to the U.S. Department
Treasury for collection. The Department of Treasury may.

collection agencies. An administrative cost will
help defray the expense of this referral. Furthe
information about the status and delinquency of yo
be subject to credit reporting.

at the
If you wish

Interest began accruing as of the date of
current U.S. Treasury note rate of {

to repay the entire amount of the deb and thus
avoid the payment of interest, plea your full payment
immediately.

Thank you for your prompt attention If you have
any questions about this lette s eel free to contact
this office at {Analyst’s e number

fincerely,

{PA name}

Policy Unit

DEEOIC

Notice to Customers Making Payment by Check
k as payment, you authorize us either to use information from your check to make a one-
fer from your account or to process the payment as a check transaction. When we use
heck to make an electronic fund transfer, funds may be withdrawn from your account as
ly we receive your payment.

rrivacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information
k, and explaining the purposes and routine uses which will be made of your check information, is available on internet
/iwww.pecote.gov/pecotc/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.

Exhibit 11
Page 2 of 2


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE OVERPAYMENT FINAL DECISION - WITHOUT FAULT - WAIVER
DENIED

Employee:
EEOICPA Case
EEOICPA Claim

Claimant’s Name
Address

Dear {Claimant Name}:

This is the final decision in refer
benefits in the amount of {$
claim under the Energy Employees Oc

rpayment of
{Pa: B and/or E}
Illness

Compensation Program Act (EEO or fter a thorough
review of the financial infofmatio. u ed, it has been
determined that you do not m iteria for a waiver of the

overpayment recovery.

{Provide) explan how overpayment occurred. }

yment notice sent to you on {date}, you
nt Recovery Questionnaire (OWCP-20) and
ver of recovery of the overpayment. To support
ou submitted the required financial information
our income, expenses, and assets. This

EOICPA Federal Procedure Manual at Chapter 3-0800.10.a
stat, that an overpayment waiver may be granted if recovery
wo defeat the purpose of the EEOICPA. This means that it

t 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

Exhibit 8
Page 1 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

Assets do not include the value of household
furniture (primary residence), clothing, one or
two vehicles, a home which the person maintains
as the principal family domicile, or inc
producing property, if the income from

property has been included in income.

b. Recovery Would Violate Equity and Goo
the claimant is not entitled to waiver un
the purpose of the EEOICPA” clause, the PA
“against equity and good conscience”
claimant does not raise the “equity
reason in the claim for waiver,
her analysis nonetheless.

The PA reviews all pertinent ormation to
determine if recovery of the will violate the
concept of “equity and 6 This clause is
divided into two parts,/fi i dship and
relinquishing a valuabli i To demonstrate such a
violation it must be that either:

The PA evaluates financial
record, pares income with expenses similar to

be found to be “against equity and good
when an individual who was not entitled to
its would experience severe financial hardship in
empting to repay the debt. The criteria to be

led in making this determination are the same as
ose stated above in paragraph 10.a.

(2) The claimant has relinquished a valuable right or
changed position for the worse. The PA must review
pertinent financial and other evidence to determine
either of the following:

(a) Based chiefly or solely on notification of
payment, the claimant relinquished a verifiably
valuable right and such right cannot be regained
(e.g., left a job that cannot be regained, sold a
business, retired, or other major life-changing


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

The National Office has considered the case and has noted that
the following applied: [Describe how debt occurred. ]

RECOMMENDATION: Based upon the above, I find that the fo
action is appropriate: [Explain why it’s feasible to
debt collection activities. ]

NF
Q
&
xy

Exhibit 3

Page 2 of 2


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.

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

Change EEOICPA case number to case ID.

Add line for Participants.

Add line for Preparer.

Add Purpose of Telephone Conference paragraph.

Add Pre-Conference Call paragraph.

Remove specific itemized examples pertaining to financial
information.

Include option for type of waiver requested.

© 00000

°
eo Add Conclusion paragraph.
Exhibit 6

o Update language in cover letter.
o Add option to request additional information.
o Change DEEOIC mailing address.

Exhibit 7

o Delete form Overpayment Recovery Questionnaire (OWCP-20.)

oe 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


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE INITIAL OVERPAYMENT NOTIFICATION LETTER - AT FAULT

Employee:
EEOICPA Case ID:
EEOICPA Claim ID:

Claimant Name
Address

Dear [Claimant Name]:
ss

ing that you
]. The

The Division of Energy Employees Occ
Compensation (DEEOIC) has made a p
have been overpaid benefits in th
overpayment occurred because:

DEEOIC has also made a
fault in this matter

This letter is
submit evidenc guments which you believe will affect these

preliminar

u believe that the overpayment occurred through no
£ your own; or

4, You believe that the overpayment occurred through no
ault 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:

Exhibit 2
Page 1 of 6


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

The burden of proof rests with the claimant to prove the
conditions necessary to grant a waiver. The claimant must
submit the supporting documentation within the required 30-day
time period as stated in the initial overpayment notice over
letter to the Memorandum of Conference. However, the

the required documents. If the claimant does not
information within the allotted time, the PA wi
overpayment final decision denying the waiver.
grant a waiver once the PA issues an overpayment
unless the claimant no longer lives at the
record, and did not receive the notifica rpayment.

There are two types of overpayment w.
The DEEOIC may grant a waiver of r
the claimant meets the criteria u

overpayment if
would defeat the

good conscience.” If the clai
criterion, DEEOIC will purs the funds regardless
of the fault finding. ©

a. Recovery Wo
DEEOIC will not overy of overpaid funds if that
rpose of the EEOICPA. To

the EEOICPA, the PA must find that
substantially all current income to

assets do not exceed a specified amount
EOIC from data furnished by the Bureau

ome or assets, a basis exists for establishing a
ble repayment schedule over a reasonable, specified
It is the claimant’s burden to show otherwise by
ting evidence that recovery of the overpayment would

cause hardship of a nature sufficient to justify waiver.

(1) The PA determines the claimant’s income based
upon documents submitted. An individual's total
income includes any funds which may reasonably be
considered available for his or her use, regardless of
the source. A spouse's income will not be considered.
available to the claimant unless the spouse was living
in the household both at the time the overpayment was



FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

waiving of this $25,000.

However, it would be inequitable to tell the
claimant to recall the loan at once
terms may not allow such action), and

available assets. The interest th
receives on the loan as well as
receive on the principal should

repay the overpayment.

11. Overpayment Decisions. After weigh
considering all the circumstances su
the PA prepares an overpayment deci
his or her findings, and how reco
be pursued, as outlined in this ch 3-0900. If the
decision does not waive the o PA signs the
decision. Before releasing isi the PA sends it to the
Unit Chief for review and certi m for publication. For
overpayment decisions t. art of the overpayment,
the Unit Chief signs decision.

erpayment is to

e@ overpayment, provides a rationale as
ent is recoverable, and informs the
thevexact amount owed and the collection

o be used (i.e., payment in full, monthly

or collection from future entitlement).

ision includes information advising the claimant

or she has 30 days from the date of issuance of the
ayment decision to resolve the debt. The decision
communicates to the claimant that if he or she does not

ake the necessary steps to resolve the debt within the 30
days, it will become a delinquent debt, and that DEEOIC
will refer delinquent debts to Treasury or DOJ for
collection. The decision must include the due process
requirements outlined by Treasury. Exhibits 7 and 8 are
samples of final decision first demand letters.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

If the PA makes a finding that a type of expense is
ordinary and necessary, it does not necessarily mean
that the amount is ordinary and necessary. The burden
is on the claimant to show that the expenses
reasonable and needed for a legitimate purp

expenses is not ordinary and necessar
regarding significant expenses for f

average or range of expe
population relevant to

The PA evaluates o periodic payment as
determined by a crédito Cc s of the claimant’s
monthly billing fo um debt will verify the
minimum amoun

(3); An_in ] assets should not exceed the
00 for an individual or $9,200
for an ividual with a spouse or one dependent, plus

lable to the claimant unless the spouse
the household both at the time the
was incurred and at the time waiver is

(a) Liquid assets may include (but are not
limited to) cash, the value of stocks, bonds,
savings accounts, mutual funds, and certificates
of deposit.

(b) Non-liquid assets may include (but are not
limited to) the fair market value of an owner’s
equity in property such as a camper, boat, second
home and furnishing/supplies, vehicle(s) (i.e.,
any vehicles above the two allowed per immediate
family), and jewelry.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

aks Request a telephone conference with the DEEOIC
National Office; or

733 Request that the DEEOIC National Office iss
decision based on the written evidence of record

The following issues will be addressed during t elepho!
conference or in writing:

a. How the overpayment occurred bal t;
b. Discuss the criteria for “4 collecting
the overpayment.

INFORMATION NEEDED TO WAIVE RECO RPAYMENT

nly be granted when
t. When the claimant
DEEOIC may not recover the

A waiver of recovery of an ov;
the claimant is without faul,
is without fault, the law st
overpayment if the recove at the purpose of the

Energy Employees Occup Compensation Program Act
(EEOICPA), or the ree W d be against equity and good

conscience.

To defeat the ¢

claimant requi jially all current income to meet

current orda ssary living expenses and the

claimant’ exceed a specified amount as determined
E rnished by the Bureau of Labor Statistics.

o claimant would suffer severe financial hardship in
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

Bly A claimant, acting on incorrect information from

DEEOIC, spends or commits funds in ways which he or she

Exhibit 2
Page 2 of 6


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

holder withdraws the money. If the DO’s attempts to
recover the funds are not successful, and the evidence of
record identifies the joint account holder’s name and
address, the DO will transfer the case to the NO fo
further recovery attempts. The PA will send a dema
letter (without appeal rights) to the person requ
return of the funds. If the person does not
30 days, the PA will send a second and the
letter in 30 day intervals. If the perso
within 30 days after the third demand lett

refer the debt to Treasury for collec ll isa
sample demand letter to a non-claim:
Eye Telephone Conferences. When re ia claimant, the
PA holds a telephone conference wi d the date of
the request for the conference. so ds telephone

in the file is not
waiver or

conferences in cases where the fin
clear or sufficient to make isi
repayment.

he PA holds a pre-conference
nt r explanation of the
he conference and the obligations

a. Pre-conference
call to give the
purpose and pro

ference call (i.e., income, expenses,
er of assets, and liabilities). Ifa
finding of "at fault" was issued, the PA
ins how the decision was made and its

ications, and invites the claimant to provide any
Obmation that could affect the preliminary
termination;

(2) Describes the criteria used to make key decisions
in the case (i.e., at fault finding, criteria for
waiver, interest charges) ;

(3) Describes the evidence the claimant needs to
collect in preparation for the conference call;

(4) Gives the claimant _a chance to ask questions;

(5) Determines the best time for the conference; and



FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

US DEPARTMENT OF LABOR
DEEOIC

P.O. Box 77247
Washington, DC 20013

If you wish to set up a repayment agreement or have any
questions about this letter, please contact this offi a
{Analyst’s phone number} or 202-693-0081.

Sincerely,

{Name}
Unit Chief for Policy,
Regulations and Procedures

DEEOIC

Maki t by Check
you authorize us either to use |

ime electronic fund transfer from
yment as a check transaction. When we use

e an electronic fund transfer, funds may be
as the same day we receive your payment.

When you provide a check as
information from your check
your account or to proc
information from your
withdrawn from your

fired by 5 U.S.C. § 552a(e) (3) stating our authority for
from your check, and explaining the purposes and

check information, is available on internet site at:

tm , or call toll free at 1-866-945-7920 to obtain a copy by

Exhibit 10
Page 4 of 4


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

aks Purpose and Scope. This chapter describes how the Office
of Workers’ Compensation Programs (OWCP), through the Division
of Energy Employees Occupational Illness Compensation (DEEOIC),
identifies, evaluates, provides notification of, waives
final decisions regarding, and recovers overpayments
Parts B and E of the Energy Employees Occupational II
Compensation Program Act (EEOICPA).

26 Legislative Authority and Directives. Th ns
this part of the procedure manual derive from th lowitig
regulations and authority:

a. The EEOICPA at 42 U.S.C. 7385 es the
Secretary of Labor to recover oveérpayme ause of an
error of fact or law, except w i ct payment has
been made to an individual w ault and the
adjustment or recovery would urpose of the
good conscience.
With respect to recovery, authorizes DEEOIC (as
designee of the Secreta r) to recover the
overpayment pursua ns prescribed by the
Secretary.

b. Public Law ral Claims Collection Act of
1966 (80 St amended by Public Law 900-904 (2000)),
assigns t. esponsibility for the collection of

e activities of the Department of

ides the authority to compromise,

end collection action on debts not in

0 (exclusive of interest, penalties, and

ative costs and after partial payments have been
In such cases, there must be no indication of

it must appear that:

) The debtor is unable to pay the full amount within
reasonable period of time, as verified through
credit reports or other financial information;

(2) The Government is unable to collect the debt in
full within a reasonable time by enforced collection
proceedings;

(3) The cost of collecting the debt does not justify
the enforced collection of the full amount; or


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

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 cop
Furnishing the check information is voluntary, but a decision not to do so may require
payment by some other method.

Y
é
SX

Exhibit 1

Page 5 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

2. A claimant, acting on incorrect information from DEEOIC,
gives up a verifiably valuable right or changes his or her

position for the worse, such as leaving a job which he or she
cannot regain; or

So A claimant, acting on incorrect information f
spends or commits funds in ways which he or she
would not have done, and suffers a financial

ACTIONS YOU MAY TAKE

1. Request a telephone con
National Office; or

The DEEOIC staff will
telephone conference

WAIVE RECOVERY OF THE OVERPAYMENT

king a waiver of recovery (whether you choose a
re’ or not) you should send the following to

detailed explanation of your reasons for seeking

waiver;

2 A fully-completed Overpayment Recovery Questionnaire
(Form OWCP-20) (copy enclosed); and

I. Supporting documents, to include copies of income tax
returns, bank account statements, bills and canceled

Exhibit 1

Page 2 of 5


Distribution: List No. 3: All DEEOIC Employees
List No. 6: Regional Directors, District
Directors, Assistant District Directors, National
Office Staff, and Resource Center Staff f


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.

Change the income remaining after expenses to $200.

Change DEEOIC mailing address.

Change signature to Policy Analyst.

Add “Notice to Customers Making Payment by Check.”

0000

+ 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 front of the Federal
(EEOICPA) Procedure Manual.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

(6) Prepares the pre-conference checklist that
verifies that the conference agenda items were
discussed. (Exhibit 4)

b. During the Conference Call. The PA:

(1) Identifies him or herself;

(2) References the pre-conference cal

(3) States the purpose of the

(4) Advises the claimant will be
taking notes and for tha ill be
periodic pauses while h i ting;

(5) Describes the of the call;

acknowledgement that he or
ference issues are and
ts

(6) Obtains the c
she understand

nses that are too general or not

reading them back to the participant(s) for
nfirmation.

or After the Conference. The PA:

(1) Prepares a neutral Memorandum of Conference
without findings, describing what transpired during
the conference. (See Exhibit 5 for a sample
Memorandum of Conference.) The language of the
memorandum must be clear and non-technical. A sound
Memorandum of Conference should:



FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

10 Sample Overpayment Final Decision -
Waiver Granted (Full or Partial)
Based on Violate Equity and Good

Conscience .......4..... =. 09/16 16
iat Sample Letter to Non-Claimant
Regarding Federal Debt ...... . 09/16

Y
ve
SX

EEOICPA Tr. No. 16-XX di
XXXX 2016


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

financial decisions). When a claimant gives up a
valuable right, his or her current ability to
repay is not taken into consideration, as the
forfeiture of the right is in itself the n
for waiver.

For example, after being advised o
to compensation, the claimant re
and withdrew his contributions
fund, under the assumption that h
to a lump sum award of $150 ars
later, it was discovered s
erroneous. The claimant is retention
rights, was unable to ob back, and
could not secure ot " Recovery of
any of the overpa “against equity
and good conscience ituation because

the individua u

(b) A decisi' made resulting in a loss that
verifiab orsened claimant’s condition, and
wo ot have been made but for
benefits. The claimant must show

i o repay the overpayment, he or
be in a worse position after repayment
ave been the case if the benefits had
received in the first place.

ng the overpayment into a different form,
such as food, consumer goods, real estate, etc.,
from which the claimant derived some benefit, is
not considered a loss. Converting the overpayment
into a different form for the benefit of another
person, such as a child or relative, may be
considered as a loss if the claimant retains no
ownership interest in the proceeds and has no
ability to reclaim the proceeds.

Example 1: A claimant received a lump sum award.
Later the entire award is declared to be an
overpayment. The claimant contends that he has
changed his position for the worse, as he used
the entire award to make a down payment on a
larger home. The claimant has not met his burden
in showing that he changed his position for the


U.S. Department of Labor Office of Workers’ Compensation Programs
Division of Energy Employees Occupational
lliness Compensation
Washington, D.C. 20210

RELEASE - TRANSMISSION OF REVISED MATERIAL TO BE INCORPORATED
INTO THE FEDERAL (EEOICPA) PROCEDURE MANUAL:
CHAPTER 3~-0800, OVERPAYMENT PROCESS

EEOICPA TRANSMITTAL NO: 16-11 September 2016

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.

£. 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.


FEDERAL (EEOICPA)

Part 3 - Fiscal

PROCEDURE MANUAL

Chapter 3-0800

Overpayment Process

Sincerely,

{PA name}
Policy Unit
DEEOIC

Attachment

Page 2 of 2

Q
&
Re
&

Exhibit 6


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process
io 31 CFR Part 285 includes the provisions for

transferring delinquent debts to the Department of the
Treasury (Treasury) for collection.

900.3(a) provides that only DOJ has authorit
compromise, suspend, or terminate collectio
claims.

h. In_ cases that have been referred
Inspector General (OIG) or the U.S.
other than collection of the debt,
will advise OIG before collecti' itiated in
order to evaluate whether col ould

jeopardize an ongoing investi i egal action in
progress.

Analyst (PA)

yment is any amount of
384s, 7384t, 7384u, 7385s-
, atsthe time of payment, is

Ble Definition of Overpayme:
compensation paid under 42
2 or 7385s-3 to a recipie
paid where no amount i
cgrrect amount of con tion determined by DEEOIC.

Upon publication of a
Adjudication Branch (FAB) that
ion, designated payees receive

ed compensation payable. The FAB
ayable amounts in the Final Decision,
m EN-20 Acceptance of Payment to each
ng the amount of payable lump sum compensation.

e allocated lump sum compensation for payment, a
ide necessary information on the EN-20, including
and account numbers, to permit DEEOIC to process a
ee signs and dates the form. Payments processed by
ct money to a payee’s designated checking or savings
nt via Electronic Funds Transfer (EFT), or in some unique

ions with issuance of a paper check. With EFT or paper

, the deposit of payable funds into an account or

otiation of a paper check, is considered due notice of
payment absent affirmative evidence to the contrary. In the
case of any improper payment received by either a claimant or
other party, including survivors of deceased payees, estates, or
joint-account holders, the party in receipt of the funds is to
notify DEEOIC immediately.

4, Notificatio:
Final Decision
awards lump sui
notification
provides
along wi



FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

(4) There is significant doubt concerning the
Government’s ability to prove its case in court.

The Department of Labor Manual Series (DLMS) 6, Cha

suspend or terminate collection action on de’
from program activities not in excess of $ di hat
Agency Heads may re-delegate this authori icials in
their agencies with approval of the Chief
Officer. DLMS6-1111b (1),c (2).

c. Public Law 97-365 (Debt Colle
amended several statutes, inclu
Collection Act of 1966. The
Federal agencies to collect
debts, to use salary offset o
collect claims and to us:
collection agencies. (
Act of 1966 as amended
has been codified as

t Collection Act of 1982
04.)

d. Public Law, Debt Collection Improvement Act of
1996) also ai r tatutes, including the Debt
Collection 82. The Debt Collection Improvement
Act provi non-tax debt or claim owed to the
United St s been delinquent for a period of 180
days to the Secretary of the Treasury, who
wil her to collect or terminate collection
act lebt or claim.

ey FR Parts 900-904 (Federal Claims Collection
Sta rds) describes standards for the collection and
comp. ise of debts, termination of agency collection, and
efe 1 of civil claims to the Department of Justice

+ In particular, 31 CFR 902.1(b) and 903.1(b) provide
that the DOJ has the exclusive authority to compromise,
suspend or terminate claims in excess of $100,000,
exclusive of interest, penalties and administrative costs.
Consequently, even if DEEOIC believes that compromise,
suspension or termination of recovery of such a debt is
appropriate, the matter must be referred to the DOJ for
determination.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

This debt will become delinquent if your payment is not received
or you do not request to enter into a repayment agreement within
30 days of the date of this letter. It is important to no
that delinquent debts will be referred to the U.S. Depart
Treasury for recovery. This referral is authorized undé
Debt Collection Act, which also authorizes the asses
interest, administrative costs, and penalties on d
debts. Treasury may utilize various measures to
debt, including administrative wage garnishment, o
payments from federal programs such as income

bureaus. The information that will be pro
bureau includes your name, address,
amount, status, history of the debt,
the debt arose (Energy Employees Oc
Compensation Program).

umber, the
under which

Certain rights are provided to i ct to the referral
of your debt to Treasury or to If you think

that the determination regan is in error, you may
i ow. Send your request

to this officq at DOL PO Box 8306,
London, KY 40742-830
* You may requ i your records about this debt.
* You may w of our determination about the

its past-due status, and its legal
exercise this right, you must state
in writing, state your reason(s) for

our determinations, and sign your statement.
leve that any information of record concerning
is not accurate, timely, relevant, or complete,
provide information or documentation to support

pay|/the overpayment in full, send your payment in the amount
of { } within 30 days of the date of this letter. Make
y check or money order payable to “U.S. Dept. of Labor,
OWCP/DEEOIC”, notate the case ID, and indicate that it is for an
overpayment. Send the payment to:

Exhibit 10
Page 3 of 4


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE MEMORANDUM OF CONFERENCE

MEMORANDUM OF CONFERENCE

DATE:

NAME OF EMPLOYEE:

NAME OF CLAIMANT:

CASE ID:

CONFERENCE DATE:

PARTICIPANTS: , im.
(o}

Analyst, DEEOIC

PREPARED BY: s }

lephone conference held to
ment in the claim filed by {Claimant’s

This memorandum su
discuss the {$
name} under Pa

PURPOSE 0) RENCE :

an overpayment notice, {Claimant’s name}
a lephone conference to discuss the findings
to the overpayment in {his / her} claim, including a
waiver of recovery of the overpayment.

jcribe the background of the claim and how the overpayment
was determined. }

When an overpayment occurs in a claim, the DEEOIC is required to
take the appropriate action to recover the overpaid benefits.
The DEEOIC sent {Claimant’s name} a notice informing {him / her}
of the overpayment. The notice also informed {him / her} of the
preliminary finding that {he / she} was {insert fault finding}

Exhibit 5
Page 1 of 3


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 ~- Fiscal Overpayment Process

DOL DEEOIC Central Mail Room
PO Box 8306
London, KY 40742-8306

If you agree with the findings of this decision,
make payment at this time, please send a check to
shown below. Make the check payable to the “U.S
Labor, OWCP”, notate the case ID, and indicate
overpayment.

US DEPARTMENT OF LABOR
DEEOIC

PO Box 77247

Washington, DC 20013-7247

If we do not receive a reply from ithin}30 days of the date
of this letter, a final decisa il e issued based on the
evidence of record.
If you have any questio bout thi etter, you may contact me
at { } or 20

Sincerely,

{PA name
Policy
DEEOI

Enclosures; rpayment Recovery Questionnaire (Form OWCP-20
Response to Initial Overpayment Notice

Notice to Customers Making Payment by Check
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.

Exhibit 1

Page 4 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE OVERPAYMENT FINAL DECISION —- PRELIMINARY AT FAULT
DETERMINATION CORRECT

Employee:
EEOICPA Case
EEOICPA Claim

Claimant Name
Address

Dear {Claimant Name}:

© thevoverpayment of
xt B and/or E}
1 Illness

This is the final decision in ref
benefits in the amount of {$ }
claim under the Energy Employ. CC
Compensation Program Act (EEQOICPA

{Provide explanati of how rpayment occurred. }

iow overpayment final decision was
determined. }

{Provide explanation

evidence of record, DEEOIC finds that
cient evidence to reverse the
determination. Accordingly, the final
case is that you were at fault in causing
and that you must return the {§ Yo

of the date of this decision, interest on this
ccruing at the current U.S. Department of Treasury

{ %} annually. If you wish to repay the
at this time and avoid the payment of interest,
e send your full payment immediately. You may also request
er into a repayment agreement to make monthly installment
mts. If we do not receive your payment or request to enter
oO a repayment agreement within 30 days of the date of this
letter, this will be a delinquent debt.

It is important to note that delinquent debts will be referred
to the Department of the Treasury for recovery. This referral
is authorized under the Debt Collection Act, which also

Exhibit 7
Page 1 of 3


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

checks, pay slips, and other records to support income and
expenses shown on Form OWCP-20. Do not send originals as
they will not be returned.

granted, the information will be used to decide h
the overpayment. We will not try to collect the
until we reach a final decision on your reques

Also please note that under 20 CFR 30.518, i aiver

if you fail to furnish the information re enclosed
Form OWCP-20 (or other information we née
for waiver) within 30 days. We will Ohsiden any further

request for waiver until the reque. i is furnished.
Once an overpayment final decisio , @ waiver of
recovery of the overpayment is no

CONTACTING DEEOIC
one con ence, please so state on

ia payment Notice, and send it
il Room address noted below the

If you wish to have a te
the attached Response
to the DOL DEEOIC Cen
National Office withi

explanation of y ns for seeking waiver, a fully-
completed and WCP-20, and supporting documents
along with you - We will then contact you to arrange a
convenient onference, allowing enough time for you

ot receive a reply from you within 30

is letter, we will issue a final decision
based nformation currently on file. Please note that
withou equired financial information, a waiver of recovery
of the o ent cannot be granted.

to have a decision made based on the written

ly, please so state on the attached form and send it
e DOL DEEOIC Central Mail Room within 30 days. (We may

sti contact you to arrange a telephone conference if the

written evidence is not sufficient 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:

Exhibit 1

Page 3 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL

Part 3 - Fiscal Overp.

Chapter 3-0800

ayment Process

TABLE OF CONTENTS

Paragraph and Subject Date

Chapter 3-0800 Overpayment Process

Table-ofsContents).!..) su Sap.
Purpose and Scope... . J
Legislative Authority Enel Directives
Definition of Overpayment. .....
Notification of EEOICPA Payment.
Recovery of Funds by District Office
Referral to National Office ..
Identifying Overpayments .
Review and Initial Notificati
Telephone Conferences. .. .
10 Consideration of Overpaym
11 Overpayment Decisions. .
12 Overpayment Database . .
13 Treasury Report on R iva
Debt Collection

ODIHDOBWNPE

Exhibits

i Sample Ini
- Without Fault . 09/16

Te ODAC

> or Less Than $2,500 .. . . 09/16

conference Call Checklist . 09/16

lemorandum of Conference... . 09/16
over Letter to Memorandum

nference..... Oona | EYAL

mple Overpayment Final Decision oS

Preliminary at Fault Determination

COrrecta mcm itch chech milf -ipiem chee OOVTS.

Sample Overpayment Final Decision -

Without Fault - Waiver Denied... . 09/16
9 Sample Overpayment Final Decision

Waiver Granted Based on Defeat

Purpose of EKOICPA ........ . 09/16

EEOICPA Tr. No. 16-XX
XXXX 2016

Tran

16-11
16-11
16-11
16-11
16-11

16-11

16-11

16-11

Plt = ill


‘ FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

incurred and at the time waiver is considered. Income
to be considered includes, but is not limited to:

(a) Wages and self-employment income.
(b) Government benefits.
(c) Regular payments (rent or pe on)

(d) Investment income and alimon chil
support payments.

(2) The PA reviews claimed ore ing expenses.

It is the claimant’s burde such expenses
are reasonable and neces Vidual is deemed TM
to need substantially a er current income
ary living expenses
if monthly income
more than $200. T i n be considered as
ordinary and neces

rent, mortgage payments,
utilities (e.g., electricity,
telephone, water), insurance (e.g.,
accident, and health), vehicle ~— one
wable, expenses for one or two

-g-, loan payments with the date each
aid off, gas, oil, maintenance),
rtation expenses not included under
vehicle expenses, and creditor payments (e.g.,
credit card debt or other debt made in monthly
installments).

(b) Medical, hospitalization and similar expenses
not reimbursed by insurance or other sources.

(c) Church and charitable contributions made on a
regular basis. This does not include large one-

time gifts made after receipt of the preliminary

notice of the overpayment.

(d) Miscellaneous expenses (e.g., haircuts,
newspapers) not to exceed $200 per month.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE OVERPAYMENT FINAL DECISION - WAIVER GRANTED (FULL OR
PARTIAL) BASED ON VIOLATE EQUITY AND GOOD CONSCIENCE

Employee:
EEOICPA Case ID:
EEOICPA Claim ID:

Claimant Name
Address

Dear {Claimant Name}:

This is the final decision in referen ayment of
benefits in the amount of {$  } in t+ Biand/or E} claim
under the Energy Employees Occupation Compensation
Program Act (EEOICPA or Act). aI, al} waiver

recovery of the overpayment in ur i hereby granted.

{Provide explanatio:

On {date}, the Divisi
Compensation (DEEO
overpayment, wit
creating the over he letter also informed you that
when a withou

jployees Occupational Illness
ua letter informing you of the

overpayment waiver may be granted if recovery
equity. and good conscience. This means that (1)
cause the claimant to suffer severe financial
and meets the required criteria, or (2) the claimant
nquished a valuable right or changed position for the

To support your waiver request, you stated that {insert
claimant’s reason for requesting a waiver}, and submitted the
required documentation.

Exhibit 10
Page 1 of 4


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

Sincerely,

{PA name}
Policy Unit
DEEOIC

Enclosure: Form OWCP-20
Response to Initial Overpayment Noti

Notice to Customs
When you provide a check as payment, you
make a one-time electronic fund transfer fro1
transaction. When we use information
withdrawn from your account as s

information from your check to
rocess the payment as a check

ke an electronic fund transfer, funds may be
eive your payment.

U.S.C. § 552a(e)(3) stating our authority for
check, and explaining the purposes and routine
formation, is available on internet site at:

1 call toll free at 1-866-945-7920 to obtain a copy by mail.
is voluntary, but a decision not to do so may require you to make

Privacy Act - A Privacy Act Stat
soliciting and collecting the i

Furnishing the check
payment by some

Exhibit 2
Page 5 of 6


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

RESPONSE TO INITIAL OVERPAYMENT NOTICE

EMPLOYEE:
EEOICPA CASE ID:
CLAIMANT:
EEOICPA CLAIM ID:

enclosed.

I request that the DEEOIC Nati
based on the written evidence on
possible waiver of recovery of thi
financial documents are enclo

Signature: Date:

Exhibit 2

Page 6 of 6


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

Certain rights are provided to you with respect to the referral
of your debt to the Department of Treasury or credit bureaus.
If you think that the determination regarding the debt is in
error, you may request further information as noted belo
send your request to: DOL DEEOIC Central Mail Room,
London, KY 40742-8306.

« You may request copies of your records about

« You may request a review of our determination amount
of your debt, its past-due status, and i.
enforceability. To exercise this right
request in writing, state your reason
determinations, and sign your stat
any information of record concer
accurate, timely, relevant, or u must provide
information or documentation to

llenging our
believe that

payment in the amount
e of this letter. Make

To pay the overpayment in fu
of {$ } within 30 days
your check or money orde U.S. Dept. of Labor,
OWCP/DEEOIC”. Please no ID number on the check or
money order and indig at it is for an overpayment refund.
Send the payment to: t of Labor, DEEOIC, PO Box
77247, Washingto

amount at this time and would like
‘payment agreement, you should contact
ngements for installment payments. The
uestionnaire and supporting financial

If you cannot
to enter i
this offi

any questions about this letter or wish to set up an
repayment plan, please contact me at {phone number}
0081.

{PA name}
Policy Unit
DEEOIC

Exhibit 8
Page 4 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

b. Waiver Approved. If the PA determines that a waiver
is warranted under the “defeat the purpose of the EEOICPA”
clause, the overpayment decision definitively waives the

full amount of the overpayment. (See Exhibit
further action is required on the part of the
claimant. The PA will upload the decision in
and update the overpayment database. If the
that the claimant meets the criteria under
equity and good conscience” clause, the o

or partial waiver is granted. If a pa
granted, the PA will advise the clai
steps and rights outlined in ll.a.

35 Overpayment Database. When
that an overpayment exists and se
claimant, the PA enters the claiman ion into the
overpayment database. The i e database includes
the employee and claimant identifyad rmation, overpaid
amount, dates of notices, st e debt, and balance of
debt. The database is r the PA completes any
action on the debt, re received and interest
added, or refers the easury for collection. The PA
does not add interg once it has been referred to
Treasury. The o database is available to PA staff on
the DEEOIC shaned

notice to the

hes Receivables and Debt Collection
Activitie WDEBEOIC collects data on overpayments
beginni e PA issues an initial notice to the

overpaid nt. The assigned PA enters overpayment data into
the ov nt database. One of the functions of the database
i erpayment data for preparation of the TROR. The
ared quarterly and is based on the fiscal year
o September 30.) DEEOIC submits the quarterly TROR
the seventh day of the month following the end of the
1 year quarter. OWCP collects the data from all OWCP
divisions, and sends the report to Treasury. Treasury has
shed an instruction booklet on how to prepare the TROR,
ich is available online.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

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

{Describe documents submitted and financial informati

The information you provided shows that your house
of you, {include spouse and number of children, i
monthly household income is approximately {$
expenses are approximately {$ }. Based on
your expenses are within the limits of being
necessary, and your monthly income does not
expenses by more than $200. Your count.
not exceed the resource limit of {$
your household. As such, your fina show that you
meet the criteria for a waiver of rec € overpayment

the EEOICPA.”

Accordingly, the DEEOIC grants f recovery of the {$ }
overpayment in the Part {B
name}. This matter is c rther action will be
taken. If you have anyé¢q ons about this letter, you may
contact this office s one number} or 202-693-0081.

Sincerely,

{Name}

Unit Chi licy,
Regulati a Procedures
DEEOIC

Exhibit 9
Page 2 of 2


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 exhibits have been updated:

« Exhibit 1

°

°

°

© 000

Change OWCP to DEEOIC.

Change EEOICPA case number to case ID.

Clarify that once an overpayment decision letter is
issued, a waiver of recovery of the overpayment is no
longer an option.

Clarify that without the required financial
documentation, a waiver cannot be granted.

Change DEEOIC mailing address and advise claimant not to
send original documents.

Change DEEOIC address for sending payments.

Change signature to Policy Analyst.

Add “Notice to Customers Making Payment by Check.”
Add Response to Initial Overpayment Notice form.

« Exhibit 2

°

°
°
°

Change name of sample.

Change OWCP to DEEOIC.

Change EEOICPA case number to case ID.

Clarify that a waiver can only be granted when the
claimant is without fault.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE COVER LETTER TO MEMORANDUM OF CONFERENCE

Employee:
EEOICPA C.
EEOICPA

IDs

Claimant Name
Address

Dear {Claimant Name}:

ay ne conference held on
to discuss the overpayment
of the Energy Employees
gram Act (EEOICPA or Act).

This letter is in reference

{date}. You requested the c
in your claim under Par B
Occupational Illness

|

A memorandum summa
for your review.
in this matter
memorandum, yo
that the men
during t

disagree

ephone conference is attached
orandum does not include any findings
not disagree with anything in the

e to send a response. If you find

not accurately report what you stated
lease provide me with your reasons for
within fifteen (15) days of the date of

OL EOIC Central Mail Room
POBox 8306
don, KY 40742-8306

All information regarding the overpayment will be reviewed, and
an overpayment final decision will be sent to you. If you have
any questions regarding this matter, you may contact me at
{phone number}.

Exhibit 6
Page 1 of 2


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

in causing the overpayment. {If at fault, insert why this
finding was made. }

In response to the notice, {Claimant’s name} requested a
telephone conference and requested a waiver of recovery.
{Claimant’s name} submitted an Overpayment Recovery
Questionnaire and {insert documentation submitted} «

PRE-CONFERENCE CALL:

On {date}, {Analyst’s name} telephoned {Claa#iant’s name} to
schedule a telephone conference. {Claimant’s name} was informed
that the purpose of the conference was tojgive {him / her} the
opportunity to discuss the criteria for gramting a waiver of
recovery of the overpayment. The teflephone conference was
scheduled for {date}.

OVERPAYMENT TELEPHONE CONFERENCE:

The telephone conference was\held on {date} with {Analyst’s
name}, who advised {Claimant’s name} /that the purpose of the
conference was to giveg{him / hemethe opportunity to provide
information to support thegrequest for a waiver of recovery of
the overpayment.

{Insert in detailgwhat claimant stated during the conference}

{Analyst’s name} explained the criteria for granting a waiver of
recovery Of the overpayment. A waiver can be granted if a
claimant)is“mot at fault in causing the overpayment, and that it
would be“ay financial hardship and defeat the purpose of the
EEQICPA, or\it would be against equity and good conscience if
required to repay the money.

{If waiver request is based on financial hardship, list type and
amount of income, expenses, and assets.}

{Claimant’s name} stated that the monthly income, expenses, and
assets include the following:

Exhibit 5
Page 2 of 3


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

benefits. The DO was not aware of additional
survivors and awards the survivor the full amount of
benefits available. Thereafter, another eligible

child of the employee files a claim. The com ion
must now be shared, and the original claima
overpaid.

(4) A claimant dies after FAB awards
but before receipt of the funds. Fo

survivor receives a final decision, sues
a payment to the survivor’s acco several
days after the deposit, DEEOIC i i mation

payment was processed. As quired by law
to be alive at time of p Z funds are now
considered not due and ed to DEEOIC.

8. Review and Initial Notifi A reviews the
overpayment memorandum from e D and all available
evidence to verify the exist overpayment. The PA then

calculates the exact amo of the overpayment.

e-Off. If the amount of the

or less than $2,500, the PA does
21 notice to the claimant. Rather, the
ative write-off, regardless of the
ce the cost of recovery action will
recovery amount. The PA prepares a

sample)memorandum to file for this process. The PA writes
overpaid amount without giving notice of the

aid funds to that claimant. Because an overpayment
decision is not issued, it is not an official overpayment.
herefore, the PA does not enter it into the overpayment
database or report it on the Treasury Report on Receivables
(TROR). The PA enters the details of the administrative
write-off into the administrative write-off spreadsheet
located in the Policies and Procedures / Overpayments
folder in the shared directory.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE OVERPAYMENT FINAL DECISION - WAIVER GRANTED BASED ON
DEFEAT PURPOSE OF EEOICPA

Employee:
EEOICPA Case ID:
EEOICPA Claim ID:

Claimant Name
Address

Dear {Claimant Name}:

This is the final decision in referen ayment of
benefits in the amount of {$ yt ak art and/or E}
claim under the Energy Employees Occu lness
Compensation Program Act (EEOIC Ac ull waiver

recovery of the overpayment in fyour hereby granted.

{Provide explanatio: how overpayment occurred. }

On {date}, the Divisi
Compensation (DEEO
overpayment, wit

ployees Occupational Illness
ua letter informing you of the
t you were without fault in

creating the over e letter also informed you that
when a withou i i is made, the overpaid claimant is
still requi at money, but may request a waiver
under cert circumstances. You requested a waiver

e overpayment.

1 Procedure Manual at Chapter 3-0800.10.a
overpayment waiver may be granted if recovery

e@ purpose of the EEOICPA. This means that it
that the claimant requires substantially all
income to meet current ordinary and necessary living

. To meet this criterion, the monthly income must not
monthly expenses by more than $200. In addition, the
ant’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.

Exhibit 9
Page 1 of 2


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE LETTER TO NON-CLAIMANT REGARDING FEDERAL DEBT

Employee:

EEOICPA Case ID: @
Name
Address

Dear

This letter concerns the claim filed b Lai me}, under
Part {B and/or E} of the Energy Emplo: s O pat al Illness
Compensation Program Act (EEOICPA).

A compensation payment in the a ° $ } was paid to

{Claimant’s name} on {date} by direct deposit into a

joint bank account held by ai 's ne} and you at the

{name of bank}. Subseque t, the district office
became aware that {Claim
which is prior to the
person is only eligi
time of payment.
payment, the compe i should have been returned.

. Under the EEOICPA, a
enefits if that person is alive at

The Division oyees Occupational Illness
Compensatio QTC) contacted the {name of bank} requesting
that the } be returned to the U.S. Treasury. However,
the bank s ed at you had withdrawn the money and closed the
account.

the full amount of the compensation. To resolve
ease send a check or money order made payable to

Dept. of Labor, OWCP/DEEOIC. Please notate the EEOICPA
ID jon the check and indicate that it is a return of

i Send the payment to:

U.S. Dept. of Labor
DEEOIC

P.O. Box 77247
Washington, DC 20013

Exhibit 11
Page 1 of 2


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

(3) Advise the claimant of his or her rights. The
claimant has 30 days following the date of the
overpayment notification letter to invoke rig q

(a) Request a telephone conference.
(b) Challenge any finding of fa 5

(c) Request waiver of recovery o e
overpayment.

(d) Present
existence or amount o c ent.

The filing date of the
overpayment is determine

lenge to the
stmark date, or the

Center, whichever t determinable date.
This includes the the Central Mail Room
(CMR) receive a the Electronic Document
Portal.

ample initial overpayment

sed when the claimant is without fault
ent. Exhibit 2 is a sample initial
ion letter used when the claimant is
the overpayment. If a delinquent debt
easury, and Treasury obtains a current

Attached as E

ification of Federal Debt After Claimant’s Death.
event that a payment is processed and DEEOIC

es notification that the payee died prior to receipt
of payment, it is the responsibility of the DO FO, in
conjunction with the assigned CE, to attempt recovery of
the payment. The DO will attempt recovery of the funds as
outlined in paragraph 5 above. If a non-claimant is in
receipt of EEOICPA compensation and fails to return the
money, it is a federal debt and not an overpayment. That
person must return the money. An example, this situation
can occur when compensation is deposited into a joint bank
account after a claimant has died, and the joint account



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
15TM 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 claimant 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


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

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 xr
of recovery of the overpayment cannot be granted.

If you wish to have a decision made based on the

evidence only, please so state on the attached c
to this office at the DOL DEEOIC Central Mail ress
within 30 days. (We may still contact you to ar phone
conference if the written evidence is not ¢ to
make a decision.)

A request for either a conference or de the written
evidence, along with any supportin idence

should be sent to the following a ess,

DOL DEEOIC Central Mail Room

PO Box 8306

London, KY 40742-8306

If you do not disagree finda of this decision, and wish
to make payment at th please send a check or money order
to the address sho’ it payable to the “U.S.
Department of La notate the case ID, and indicate

20013-7247

eive a reply from you within 30 days of the date
er, we will issue a final decision based on the
record.

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

Exhibit 2
Page 4 of 6


FEDERAL

(EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

worse, since he has not established that he
suffered any loss. He has simply converted the
money into a different form. Conversion of a
liquid asset into real or tangible propepr
not constitute a loss.

Example 2: A claimant is notified
entitled to $30,000. Upon recei:
the claimant signs an applicati
larger apartment and pays a $2,0
deposit. He places the rema
a savings account. Before a moves in,
he is notified that the é&
overpayment. As a re
move into the new a i forfeits the
deposit.

Since the clai

application t, rtment without the
receipt of be would be inequitable to
recoup t 00 overpayment. The

claima é red a $2,000 loss and

he claimant suffered a $2,000 loss,
30,000 loss, a partial waiver is a
action is this case. The claimant
have the money to rent a larger
partment and had no intention of doing so until
he received his award. Thus, the claimant relied
on DEEOIC’s action and it would be inequitable to
recover that part of the overpayment. It would
not be inequitable to recover that part of the
overpayment that the claimant deposited in the
bank. However, if the claimant were faced with
additional expenditures arising out of the intent
to move, those expenses would also be deducted
from the overpayment.

Example 3: Suppose a claimant receives a
$150,000 award and loaned a relative $25,000 to
buy a house before he received notice of an
overpayment. Since the claimant has not suffered
a loss, equity and good conscience do not require


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


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

authorizes the assessment of interest, administrative costs, and
penalties on delinquent debts. Various measures may be utilized
to collect the debt, including administrative wage garnishment,

offset of payments from federal programs such as income
refunds, and referral of debts to private collection a
and credit bureaus. The information that will be prov
credit bureau includes your name, address, social
number, the amount, status, and history of the d
program under which the debt arose (Energy Emp
Occupational Illness Compensation Program) .

Certain rights are provided to you with referral
of your debt to the Department of Treasur
If you think that the determination
error, you may request further info.
send your request to: DOL DEEOIC
London, KY 40742-8306.

ed below, and
oom, PO Box 8306,

* You may request copies of fyour bout this debt.

our d rmination about the amount
st and its legal

e this right, you must state your
reason(s) for challenging our
your statement. If you believe that
concerning your debt is not

* You may request a revi
of your debt, its pa
| enforceability. Tf
request in writi

accurate, til
informati

in full, you should send your payment in
} within 30 days. Make your check or money
“U.S. Dept. of Labor, OWCP/DEEOIC.” Please

ID on the check or money order and indicate that
overpayment refund. Send the payment to: US

£ Labor, DEEOIC, PO Box 77247, Washington, DC 20013.

u cannot repay the full amount at this time and would like
to er into a written repayment agreement, you should contact
this office to make arrangements for installment payments. The

rpayment Recovery Questionnaire and supporting financial
documentation will be used in setting up the repayment
agreement.

Exhibit 7
Page 2 of 3


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

RESPONSE TO INITIAL OVERPAYMENT NOTICE

EMPLOYEE:
EEOICPA CASE ID:
CLAIMANT:
EEOICPA CLAIM ID:

I request a telephone conference with the ional ice

I request that the National Of
on the written evidence on the iss
recovery of this overpayment. My
are enclosed.

Signature: Date:

Exhibit 1

Page 5 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE PRE-CONFERENCE CALL CHECKLIST

Name of person to be called:
Telephone Number:

(Area code, number)
Person to be called is: Claimant Attorney/Repr

Agenda items: Item Compl

1. Explain purpose of pre-conference call

2. Explain purpose of conference
and topics to be discussed; i.e.,
fault determination and/or waiv

3. Describe info person will nee
conference

4. Confirm person’s ability/to o

5. Explain “at fault”

6.
Uc 1 a
8.
om
L —_s
ats nfe ce scheduled for:
Date Time
1 ther items (specify)
13. Pre-conference call made by Date

Exhibit 4


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

SAMPLE INITIAL OVERPAYMENT NOTIFICATION LETTER - WITHOUT FAULT

Employee:
EEOICPA Case ID;
EEOICPA Claim

Claimant Name
Address

Dear [Claimant Name]:

The Division of Energy Employees Occupat
Compensation (DEEOIC) has made a pre i
have been overpaid benefits in the
overpayment occurred because:

DEEOIC has also made a preli' ding that you are without

fault in creating the o you disagree with the fact
or the amount of the o 7 have a right to submit new
evidence. .

fault in creating an overpayment, the
not recover the overpayment if the

When a claimant
law states tha

ensation Program Act (EEOICPA), or the
st equity and good conscience.

purpose of the EEOICPA, it must be found that the
ires substantially all current income to meet

y and necessary living expenses and the claimant
t exceed a specified amount as determined by DEEOIC
rnished by the Bureau of Labor Statistics.

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

al A claimant would suffer severe financial hardship in
trying to repay the debt; or

Exhibit 1

Page 1 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

When the FAB issues a FD accepting a medical condition, it also
awards the payment of medical bills for that condition. The FAB
may also issue a FD that awards only the payment of medi

bills for an accepted condition.

5. Recovery of Funds. Upon receipt of informati tha
suggests a payment processed by DEEOIC is in er.
circumstances where the paid claimant is no lo
the funds, district office (DO) or FAB staff is
matter to the attention of the DO fiscal o

includes, but is not limited to, the inco 1 aid;
death of the employee prior to time of pe a person who
has a joint bank account with a dece a and withdraws
EEOICPA funds prior to recovery of The EEOICPA

Procedure Manual, Chapter 3-0600 e DO fiscal
officer will attempt recovery of t impropefly paid funds. The
DO fiscal officer will attemp Ovi he funds as follows:

a. Recoupment of EFT pa

c. Request they pe eceipt of the funds to return the
money.

is unsuccessful in recouping the funds,
im to the National Office (NO.)

If the DO fisc
the DO wil

When a potential overpayment or debt is

the district office cannot recover the funds, the

erred to the DO Chief of Operations (COP) or FAB

dew. If the COP or FAB manager agrees that a

ST een or debt exists, he or she is to have a

repared to the attention of the Branch Chief for the

ch describing the circumstances of the matter,

ding a description of any information relating to the

yment or debt that may be helpful in recovery of the
Important details to include in the memorandum are the

i@ of the individuals associated with the overpaid funds, any

efforts taken to recover funds, descriptions of related

communications or phone calls, or any other information as to

the status of the overpayment or debt. Authority to issue

overpayment decisions rests solely with the Policy Branch.


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

If you have any questions about this letter or wish to set up an
installment repayment plan, you may contact me at {phone number}
or 202-693-0081.

Sincerely,

{PA name}
Policy Unit
DEEOIC

Notice to Customers
When you provide a check as payment,
information from your check to make
your account or to process the pa
information from your check to ma
withdrawn from your account as

you
mic fund transfer from
ansaction. When we use
fund transfer, funds may be
ie day we receive your payment.

<C. § 552a(e) (3) stating our authority for
soliciting and collecting the ck, and explaining the purposes and
routine uses which will be « E information, is available on internet site at:
https: //ww.pecote. gov/pecote/int toll free at 1-866-945-7920 to obtain a copy by
mail. Furnishing the che m is voluntary, but a decision not to do so may require you
to make payment by some

Privacy Act - A Privacy Act State

Exhibit 7
Page 3 of 3



FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

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.

The information you provided shows that your household
of you, {include spouse and number of children, if
monthly household income is approximately {$

expenses that you submitted are approximately {
include {list type of expenses}. Based on this
{state whether monthly income exceeds mon
than $200 or it does not exceed monthly
$200.}

With regard to your assets, your ho
vehicles are excluded from your c
information you submitted show that
include the following:

{List assets and value}

Total Countable Asse $ |
The asset amou: all d your household is {$ }. The
known value of UW. ountable assets is {$ }. {State whether
assets are x ° e@ countable asset limit to qualify

for a wai;

why claimant does not meet waiver criteria}

he OICPA Federal Procedure Manual at Chapter 3-0800.10.b
tate an overpayment waiver may also be granted if
ery of the overpayment would violate equity and good
ience. The following is the criteria to qualify for a
r under this clause:

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

Exhibit 8
Page 2 of 5


FEDERAL (EEOICPA) PROCEDURE MANUAL Chapter 3-0800

Part 3 - Fiscal Overpayment Process

b. Determination of Fault. Once an overpayment is

established, the PA determines whether the claimant bears
any fault in the creation of the overpayment. The
determination of fault depends on the circumstance
surrounding the overpayment. The claimant must

events which may affect entitlement to or th
benefits. The degree of care may vary wit
of circumstances and a claimant’s capacit
overpayment has occurred. While this is no
list, the following can be construed a
an overpayment:

(1) Claimant made an inco.
material fact he or she fe ave known to
be incorrect.

(2) Claimant

5 Initial
overpaid cl

igns a letter informing the claimant
of th nd the preliminary findings. The Unit
Chie etter prior to its release. The initial
f udes the Response to Initial Overpayment
orm and the Overpayment Recovery Questionnaire
P-20). Form OWCP-20 is available online or via
shared directory.

he ification letter serves to:

(1) Notify the claimant that an overpayment exists
and the exact amount of the overpayment.

(2) Provide the result of the preliminary finding of
fault. If the PA makes a preliminary finding that the
claimant was at fault in causing the overpayment, the
initial notification letter will advise the claimant
that DEEOIC cannot grant an overpayment waiver if that
finding becomes final.