---
kind: "section"
citation: "20 C.F.R. § 10.431"
title: "20"
number: "10.431"
heading: "What does OWCP do when an overpayment is identified?"
url: "https://uscodex.org/cfr/20/10.431"
---

# §10.431. What does OWCP do when an overpayment is identified?


Before seeking to recover an overpayment or adjust benefits, OWCP will advise the beneficiary in writing that:

- (a) The overpayment exists, and the amount of overpayment;
- (b) A preliminary finding shows either that the individual was or was not at fault in the creation of the overpayment;
- (c) He or she has the right to inspect and copy Government records relating to the overpayment; and
- (d) He or she has the right to present evidence which challenges the fact or amount of the overpayment, and/or challenges the preliminary finding that he or she was at fault in the creation of the overpayment. He or she may also request that recovery of the overpayment be waived.

## Notes

### Authority

Authority: 5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.

### Source

Source: 76 FR 37903, June 28, 2011, unless otherwise noted.