20 C.F.R. § 10.440
How does OWCP communicate its final decision concerning recovery of an overpayment, and what appeal right accompanies it?
(a) OWCP will send a copy of the final decision to the individual from whom recovery is sought; his or her representative, if any; and the employing agency.
(b) The only review of a final decision concerning an overpayment is to the Employees' Compensation Appeals Board. The provisions of 5 U.S.C. 8124(b) (concerning hearings) and 5 U.S.C. 8128(a) (concerning reconsiderations) do not apply to such a decision. The pendency of an appeal with ECAB has no effect on the finality of the order being appealed; in the event ECAB reverses the final overpayment decision, any monies collected will be restored to the beneficiary.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2012–2021 · leading case: Scott Beemer v. Eric Holder, Jr.
Scott Beemer v. Eric Holder, Jr., 495 F. App'x 396 (5th Cir. 2012). “20 C.F.R. § 10.440 (b). Here, we lack subject matter jurisdiction over Beemer’s claims under FECA because Beemer fails to allege a substantial constitutional violation.”
Tyson Sr. v. Dep't of Labor (D.D.C. 2021). “See 20 C.F.R. § 10.440 (b) (“The only review of a final decision concerning an overpayment is to the Employees’ 11 Compensation Appeals Board.”
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