20 C.F.R. § 725.542
When waiver of adjustment or recovery may be applied
There shall be no adjustment or recovery of an overpayment in any case where an incorrect payment has been made with respect to an individual:
(a) Who is without fault, and where
(b) Adjustment or recovery would either:
(1) Defeat the purpose of title IV of the Act, or
(2) Be against equity and good conscience.
Notes of Decisions
Cited in 4
cases, 1984–1998 · leading case: Lelia Napier, Adm'x of the Est. of John Napier v. Dir., Off. of Workers' Comp. Programs, 999 F.2d 1032 (6th Cir. 1993).
Lelia Napier, Adm'x of the Est. of John Napier v. Dir., Off. of Workers' Comp. Programs, 999 F.2d 1032 (6th Cir. 1993). “" The administratrix' arguments were framed to fit 20 C.F.R. § 725.542 , which, tracking the language of 42 U.”
Youghiogheny & Ohio Coal Co. v. Benefits Review Bd., 745 F.2d 380 (6th Cir. 1984). “20 C.F.R. § 725.542 (1983) provides: There shall be no adjustment or recovery of an overpayment in any case where an incorrect payment has been made with respect to an individual: (a) Who is without fault, and where (b) Adjustment or recovery would either: (1) Defeat the purpose…”
Frances Girard, Widow of Octave Girard v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 16 F.3d 416 (10th Cir. 1993). “Girard does not point to, nor do we find any evidence in the record, that any effort has been made to recover these benefits. We refuse to speculate that such action will be taken or that the Director will fail to follow his own regulations in deciding whether to recover the…”
Indian Mountain v. DOWCP (4th Cir. 1998). “See 20 C.F.R. § 725.542 (1997). Bolling appealed to the Board, which set aside the ALJ's order based on its finding that the ALJ lacked subject matter jurisdiction.”
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