C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED › Subpart H—Payment of Benefits

20 C.F.R. § 725.540

Overpayments

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. As used in this subpart, the term “overpayment” includes:

(1) Payment where no amount is payable under this part;

(2) Payment in excess of the amount payable under this part;

(3) A payment under this part which has not been reduced by the amounts required by the Act (see § 725.533);

(4) A payment under this part made to a resident of a State whose residents are not entitled to benefits (see §§ 725.402 and 725.403);

(5) Payment resulting from failure to terminate benefits to an individual no longer entitled thereto;

(6) Duplicate benefits paid to a claimant on account of concurrent eligibility under this part and parts 410 or 727 (see § 725.4(d)) of this title or as provided in § 725.309.

(b) Overpaid beneficiary is living. If the beneficiary to whom an overpayment was made is living at the time of a determination of such overpayment, is entitled to benefits at the time of the overpayment, or at any time thereafter becomes so entitled, no benefit for any month is payable to such individual, except as provided in paragraph (c) of this section, until an amount equal to the amount of the overpayment has been withheld or refunded.

(c) Adjustment by withholding part of a monthly benefit. Adjustment under paragraph (b) of this section may be effected by withholding a part of the monthly benefit payable to a beneficiary where it is determined that:

(1) Withholding the full amount each month would deprive the beneficiary of income required for ordinary and necessary living expenses;

(2) The overpayment was not caused by the beneficiary's intentionally false statement or representation, or willful concealment of, or deliberate failure to furnish, material information; and

(3) Recoupment can be effected in an amount of not less than $ 10 a month and at a rate which would not unreasonably extend the period of adjustment.

(d) Overpaid beneficiary dies before adjustment. If an overpaid beneficiary dies before adjustment is completed under the provisions of paragraph (b) of this section, recovery of the overpayment shall be effected through repayment by the estate of the deceased overpaid beneficiary, or by withholding of amounts due the estate of such deceased beneficiary, or both.

Notes of Decisions
Cited in 4 cases, 1984–2019 · leading case: Westmoreland Coal Co. v. Sharpe Ex Rel. Sharpe, 692 F.3d 317 (4th Cir. 2012).
Sort: Relevance Newest Treatment
Westmoreland Coal Co. v. Sharpe Ex Rel. Sharpe, 692 F.3d 317 (4th Cir. 2012). · cites it 2× “at 132 (citing 20 C.F.R. § 725.540 (d)).4 We also acknowledged that, if Westmoreland were to "make a compel- ling showing that [the issues] should be resolved in its favor[,] such a showing would be entitled to appropriate consideration by the adjudicators.”
Paul F. Bracher & Leroy Elzer v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 14 F.3d 1157 (7th Cir. 1994). “” 20 C.F.R. § 725.540 (a)(1). 6 The petitioners contend that since the Deputy Commissioner determined that they were eligible for interim benefits, these benefits cannot be considered “payments where no amount is payable.”
The Youghiogheny & Ohio Coal Co. v. Benefits Review Bd., 745 F.2d 380 (6th Cir. 1984). “20 C.F.R. 725.540-. 544 (1983). However, these regulations also ensure that a recipient of overpayments will not be required to repay the benefits if he is without fault and if repayment would deprive him of income required for ordinary and necessary living expenses.”
Thacker v. Old Repub. Ins. Co. (E.D. Ky. 2019). “See 20 C.F.R. § 725.540 . Additionally, the existence of additional compensation for untimely payments is consistent with Congress’s intent to “ensure that individual coal operators rather than the trust fund bear the liability of claims arising out of such operators’ mines to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.