5 C.F.R. § 831.1407
Burdens of proof
(a) Burden of OPM. The Associate Director for Compensation must establish by the preponderance of the evidence that an overpayment occurred.
(b) Burden of annuitant. The recipient of an overpayment must establish by substantial evidence that he/she is eligible for waiver or an adjustment.
Notes of Decisions
Cited in 24
cases (8 in the last 5 years), 1989–2026 · leading case: King v. Off. of Pers. Mgmt., 730 F.3d 1342 (Fed. Cir. 2013).
King v. Off. of Pers. Mgmt., 730 F.3d 1342 (Fed. Cir. 2013). “5 C.F.R. § 831.1407 (a); OPM Overpayment Guidelines § I.”
Charles W. Day v. Off. of Pers. Mgmt., 873 F.2d 291 (Fed. Cir. 1989). “5 C.F.R. § 831.1407 (b) (1988). “Financial hardship may be deemed to exist in — but not limited to — those situations where the annuitant from whom collection is sought needs substantially all of his/her current income and liquid assets to meet current ordinary and necessary…”
James Patrick Pierotti v. Off. of Pers. Mgmt., 2016 MSPB 46 (MSPB 2016). “5 C.F.R. § 831.1407 (b). Substantial evidence is defined as the degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even though other reasonable persons might disagree.”
Lua v. Off. of Pers. Mgmt., 634 F. App'x 299 (Fed. Cir. 2015). “3d at 1348 (citing 5 C.F.R. § 831.1407 (b)). We agree with the government that substantial evidence supports the Board’s finding that Lua was not without fault for the overpayment.”
James Patrick Pierotti v. Off. of Pers. Mgmt., 2016 MSPB 46 (MSPB 2016). “5 C.F.R. § 831.1407 (b). Substantial evidence is defined as the degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even though other reasonable persons might disagree.”
Carl Chambers v. Off. of Pers. Mgmt. (MSPB 2022). “270 , 273 (1985); 5 C.F.R. § 831.1407 (b). The burden of proof does not shift to the appellant, however, until OPM has first proven the existence and amount of an overpayment by a preponderance of the evidence.”
Idella C. Mullins v. Off. of Pers. Mgmt. (MSPB 2016). “48 , ¶ 7 (2008) (citing 5 C.F.R. § 831.1407 (a)). If OPM meets that burden, the appellant bears the burden of proving, by substantial evidence, her entitlement to a waiver or adjustment of the overpayment.”
Idella C. Mullins v. Off. of Pers. Mgmt. (MSPB 2016). “48 , ¶ 7 (2008) (citing 5 C.F.R. § 831.1407 (a)). If OPM meets that burden, the appellant bears the burden of proving, by substantial evidence, her entitlement to a waiver or adjustment of the overpayment.”
Audrey D. Mccadney v. Off. of Pers. Mgmt. (MSPB 2016). “See 5 C.F.R. § 831.1407 (a). If OPM 5 meets that burden, the appellant bears the burden of proving, by substantial evidence, her entitlement to a waiver or adjustment of the overpayment.”
Audrey D. Mccadney v. Off. of Pers. Mgmt. (MSPB 2016). “See 5 C.F.R. § 831.1407 (a). If OPM 5 meets that burden, the appellant bears the burden of proving, by substantial evidence, her entitlement to a waiver or adjustment of the overpayment.”
Gerald J Bialas v. Off. of Pers. Mgmt. (MSPB 2024). “502 , ¶ 10 (2011); 5 C.F.R. § 831.1407 (a). An appellant bears the burden of proving by substantial evidence 5 his eligibility for waiver of the overpayment.”
Bernadette Tomas v. Off. of Pers. Mgmt. (MSPB 2025). “5 C.F.R. § 831.1407 (a). If the agency is able to show by a preponderance of the evidence that an overpayment has occurred, the burden shifts to the appellant to establish by substantial evidence her entitlement to a waiver or adjustment of the overpayment.”
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