United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

C.G., Appellant 

and 

SOCIAL SECURITY ADMINISTRATION, 

OFFICE OF HEARINGS & APPEALS, 

Boston, MA, Employer 

__________________________________________ 

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Docket No. 13-1145 

Issued: May 22, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

RICHARD J. DASCHBACH, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

On April 11, 2013 appellant filed an application for review of a December 21, 2012 

decision of the Office of Workers’ Compensation Programs (OWCP) denying waiver of an 

overpayment of compensation for which she was not at fault. The appeal was docketed as 

number 13-1145. 

Having reviewed the case record submitted by OWCP, the Board finds that this case is 

not in posture for a decision. On September 5, 2012 OWCP issued a preliminary finding of 

overpayment in the amount of $3,072.00 for the period May 6 to July 28, 2012 because appellant 

received wage-loss compensation after she returned to work full time.1

 It advised appellant that 

she could request a telephone conference, a final decision based on the written evidence only, or 

a hearing within 30 days of the date of the letter if she disagreed as to the fact or amount of the 

overpayment, the finding of fault with regards to the overpayment, or if she believed that 

recovery of the overpayment should be waived. 

On October 1, 2012 OWCP received a signed overpayment action request form from 

appellant dated September 24, 2012. Appellant requested a telephone conference on the issues 

 1

 On May 6, 2012 appellant returned to work full time with no restrictions. Beginning May 6, 2012, OWCP 

disbursed periodic rolls payments, which covered the following periods: May 6 to June 2; June 3 to 30; and July 1 

to 28, 2012. Each payment was in the net amount of $1,024.00. For the period May 6 to July 28, 2012, appellant 

received net wage-loss compensation totaling $3,072.00. 
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of fault and possible waiver of the overpayment. She included a completed overpayment 

recovery questionnaire, as well as bank statements and credit reports. The Board notes that a 

telephone conference was not conducted. On December 4, 2012 OWCP received additional 

financial information from appellant including social security and rent records. It issued a final 

decision on December 5, 2012 finding that appellant had not submitted financial information to 

support a request for waiver. By decision dated December 21, 2012, OWCP voided its 

December 5, 2012 decision. It again denied waiver finding that appellant had not provided proof 

of financial obligations, other than rent. 

The Board finds that this case is not in posture for a decision with regard to the issue of 

waiver of overpayment of compensation as OWCP’s December 21, 2012 overpayment decision 

was improperly issued.2

 In the case of William A. Couch,

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 the Board held that, when 

adjudicating a claim, OWCP is obligated to consider all evidence properly submitted by a 

claimant and received by OWCP before the final decision is issued. In the present case, OWCP 

has not reviewed the financial information appellant submitted on October 1, 2012, which 

included bank and credit bureau statements. For this reason, the case will be remanded to 

OWCP for findings regarding all of the financial information. After such further development as 

deemed necessary, OWCP shall issue an appropriate decision. 

IT IS HEREBY ORDERED THAT the December 21, 2012 overpayment decision of 

the Office of Workers’ Compensation Programs be set aside. The case is remanded for further 

action consistent with this order of the Board.4

Issued: May 22, 2014 

Washington, DC 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 2 See D.G., Docket No. 11-650 (issued September 28, 2011). 

3

 41 ECAB 548 (1990). 

4

 Richard J. Daschbach, Chief Judge, who participated in the preparation of this order, was no longer a member of 

the Board after May 16, 2014.