5 C.F.R. § 845.307

Burdens of proof

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(a) Burden of OPM. The Associate Director 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 or she is eligible for waiver or an adjustment.

Notes of Decisions

Cited in 42 cases (19 in the last 5 years), 2001–2026 · leading case: Gordon v. Off. of Pers. Mgmt., 689 F. App'x 977 (Fed. Cir. 2017).

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Gordon v. Off. of Pers. Mgmt., 689 F. App'x 977 (Fed. Cir. 2017). “5 C.F.R. § 845.307 (a). The recipient then must establish by substantial evidence that he is eligible for a waiver of the overpayment.”

Mary D. Vance v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 2× “502 , ¶ 10 (2011); see 5 C.F.R. § 845.307 (a). If the appellant claims that she is entitled to a waiver of the overpayment, she has the burden of proving, by substantial evidence, that she is entitled to a waiver.”

Vincent B. Anderson v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 2× “502 , ¶ 10 (2011); 5 C.F.R. § 845.307 (a). The appellant has the burden of proving by substantial evidence 3 that he is entitled to a waiver or adjustment of the overpayment.”

Earl Thomas v. Off. of Pers. Mgmt. (MSPB 2022). · cites it 2× “502 , ¶ 10 (2011); 5 C.F.R. § 845.307 (a). The 2 The appellant filed a reply to OPM’s response to his petition for review that was entered into the Board’s electronic record on January 3, 2017, which would make the filing untimely filed by 4 days.”

James Campbell v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “5 C.F.R. §§ 845.307 (b), 1201.56(b)(2)(ii).”

Kyle Belmont v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “502 , ¶ 10 (2011); 5 C.F.R. § 845.307 (a). Once it does so, the appellant bears the burden of establishing, by substantial evidence, that he is entitled to a waiver.”

Guadalupe Casarez v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “Initial Appeal File (IAF), Tab 11, Initial Decision (ID) at 4; see 5 C.F.R. § 845.307 (a). An appellant bears the burden of proving by substantial evidence 3 that she is entitled to a waiver of the overpayment or an adjustment of 2 Preponderance of the evidence is the degree of…”

Carmen Gonzalez v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “560 , 563 (1994); 5 C.F.R. § 845.307 (a). If OPM meets this burden, the appellant must establish by substantial evidence that she is entitled to a waiver or adjustment of the overpayment.”

Raul Rodriguez v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “502 , ¶ 10 (2011); see 5 C.F.R. § 845.307 (a). In this case, the administrative judge found that, according to the court order, the appellant’s former spouse was entitled to a maximum survivor annuity, and that a maximum survivor annuity entails a 10% reduction in the basic…”

Sharon E Brown v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “502 , ¶ 10 (2011); 5 C.F.R. § 845.307 (a). In the context of this case, these issues are intertwined.”

Nancy Kreger v. Off. of Pers. Mgmt. (MSPB 2025). · cites it 2× “502 , ¶ 10 (2011); see 5 C.F.R. § 845.307 (a). The administrative judge concluded that OPM met this burden, finding that the appellant did not challenge its overpayment calculation and that 3 As recognized in the initial decision, OPM’s initial submission showed only the middle…”

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