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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 7. EMPLOYMENT BENEFITS |
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Chapter 7-1. [DELETED] |
Section 7-142. OVERPAYMENT
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142.1If the Program makes an overpayment to a claimant as a result of an error of fact or law, the program may recover the overpayment from the claimant or, if the claimant is receiving compensation from the Program, adjust the claimant’s payments to correct the overpayment.
142.2Before recovering the overpayment or adjusting the claimant’s compensation payments under this section, the Program shall advise the claimant in writing of the following:
(a) That the overpayment exists and the amount of the overpayment;
(b) That a preliminary finding shows that the claimant either was or was not at fault in the creation of the overpayment;
(c) That the claimant has the right to inspect and copy the Program’s records relating to the overpayment;
(d) That the claimant has the right to request a waiver of the adjustment or recovery if it will result in severe financial hardship and that if the claimant chooses to request a waiver for this reason, his or her request must be in writing and include relevant information and documentation; and
(e) That if the claimant disagrees with the preliminary finding of the Program, including the fact or amount of the overpayment, that he or she may challenge the finding by presenting evidence supporting his or her position to the ORM, using a form provided by the Program.
142.3Any request for a waiver or challenge of a preliminary finding of overpayment must be submitted to ORM within thirty (30) days of the date of the overpayment notice issued by the Program. Failure to submit the waiver or challenge within thirty (30) days shall result in denial of a waiver or challenge. The Program may waive the thirty (30) day requirement for good cause, including a finding of mental or physical incapacity of the claimant, or lack of timely receipt of the notice of adjustment or recoupment.
142.4The Program shall waive adjustment or recovery of the overpayment when incorrect payment has been made to a claimant who is without fault and recovery would defeat the purpose of the Act, or would be against equity and good conscience, pursuant to section 2329 of the Act.
142.5If the Program sends a claimant a notice of overpayment and the claimant does not respond within thirty (30) days, and the claimant is currently receiving workers’ compensation payments, the Program shall send the claimant a notice informing the claimant that it will begin to deduct a portion of the amount owed from the claimant’s workers’ compensation payments, and the date on which the deductions will begin. The date the deductions begin shall be at least thirty (30) days from the date of the Program’s notice regarding the deductions. The Program shall deduct an amount that will result in recoupment of the payment in a reasonable period of time that does not result in undue financial hardship on the part of the claimant.
142.6If the Program has reason to believe that the overpayment may have occurred as a result of fraud or other criminal activity on the part of the claimant, ORM shall refer the matter to the Office of the Inspector General, the United States Attorney’s Office, or another appropriate law enforcement entity.