United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

S.M., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Chicago, IL, Employer

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Docket No. 17-1802

Issued: August 20, 2018

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

CHRISTOPHER J. GODFREY, Chief Judge

ALEC J. KOROMILAS, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On August 22, 2017 appellant filed a timely appeal from a July 12, 2017 merit decision of 

the Office of Workers’ Compensation Programs (OWCP).1 Pursuant to the Federal Employees’

Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction over 

the merits of the case.

ISSUES

The issues are: (1) whether OWCP properly determined that appellant received an 

overpayment of compensation in the amount of $13,631.71 because she concurrently received 

Social Security Administration (SSA) benefits while receiving FECA benefits for the period 

April 1, 2016 to April 29, 2017; (2) whether OWCP properly denied waiver of recovery of the 

 

1 Appellant timely requested oral argument pursuant to section 501.5(b) of the Board’s Rules of Procedure. 20 

C.F.R. § 501.5(b). By order dated July 5, 2018, the Board exercised its discretion and denied the request, finding that 

the arguments on appeal could adequately be addressed based on the case record. Order Denying Request for Oral 

Argument, Docket No. 17-1802 (issued July 5, 2018).

2 5 U.S.C. § 8101 et seq. 
2

overpayment; and (3) whether OWCP properly required recovery of the overpayment by deducting 

$100.00 every 28 days from appellant’s continuing compensation benefits.

FACTUAL HISTORY

On June 7, 2007 appellant, then a 53-year-old clerk, filed an occupational disease claim 

(Form CA-2) alleging that she injured her arm and neck while at work. OWCP accepted 

employment-related spinal stenosis in the cervical region. On August 16, 2007 appellant 

underwent discectomy and fusion at C6-7. She received wage-loss compensation on the 

supplemental rolls beginning July 20, 2007, and OWCP placed her on the periodic compensation 

rolls on October 28, 2007. Appellant returned to part-time modified duty on February 20, 2008, 

and continued to receive partial disability compensation. On August 12, 2008 OWCP accepted 

that appellant sustained a recurrence of total disability on May 16, 2008 and placed her on the 

periodic compensation rolls in November 2008. Appellant has not returned to work.

Appellant signed EN1032 forms on January 22, 2016 and January 20, 2017. On the 

January 22, 2016 form she indicated that she was receiving $228.00 monthly benefits from SSA 

as part of an annuity for federal service. On the January 20, 2017 form appellant indicated that 

she received monthly SSA benefits of $1,059.00. 

OWCP forwarded a Federal Employees Retirement System (FERS)/SSA dual benefits 

calculation form to SSA on March 20, 2017. SSA returned the form on April 21, 2017, noting that 

appellant received SSA retirement benefits beginning in April 2016. It indicated that beginning in

April 2016 appellant’s SSA rate with FERS was $1,181.00 and without FERS $132.70, and 

beginning in December 2016, the SSA rate with FERS was $1,184.50 and without FERS $133.10. 

By letter dated May 2, 2017, OWCP notified appellant that, based on information provided 

by SSA regarding the amount her SSA benefit attributable to her federal service, her FECA wageloss compensation had been adjusted. The record contains a FERS offset calculation noting a total 

overpayment of $13,631.71. 

On June 7, 2017 OWCP issued a preliminary determination that an overpayment of 

compensation in the amount of $13,631.71 had been created. It explained that the overpayment 

occurred because a portion of appellant’s SSA benefit that she received from April 1, 2016 to 

April 27, 2017 was based on credits earned while working in the Federal Government, and that 

this portion of her SSA benefit was a prohibited dual benefit. OWCP found her not at fault in the 

creation of the overpayment and provided an overpayment action request form and an overpayment 

recovery questionnaire (Form OWCP-20). It informed appellant that, in order for it to consider 

the question of waiver of recovery of the overpayment or to determine a reasonable method for 

collection, she must provide a completed Form OWCP-20, and attach supporting financial 

documentation, including copies of income tax returns, bank statements, bills, canceled checks, 

pay slips, and any other record to support claimed income and expenses. OWCP notified her that 

failure to submit the requested information within 30 days would result in the denial of waiver.

Appellant did not submit a response (Form OWCP-20) to the preliminary overpayment 

determination.
3

By decision dated July 12, 2017, OWCP finalized the preliminary overpayment 

determination, finding that an overpayment of compensation in the amount of $13,631.71 had been 

created. It explained that the overpayment occurred because a portion of appellant’s SSA benefits

that she received from April 1, 2016 to April 29, 2017 was based on credits earned while working 

in the Federal Government, and that this portion of her SSA benefit was a prohibited dual benefit. 

OWCP found her without fault in the creation of the overpayment, but denied waiver of recovery 

of the overpayment. It noted that appellant had not responded to the preliminary determination as 

requested and, therefore, had not contested the finding. OWCP set repayment at $100.00, to be 

deducted every 28 days from her continuing compensation benefits. 

LEGAL PRECEDENT -- ISSUE 1

Section 8102(a) of FECA provides that the United States shall pay compensation for the 

disability or death of an employee resulting from personal injury sustained while in the 

performance of duty.3 Section 8116 limits the right of an employee to receive compensation: 

While an employee is receiving compensation, he or she may not receive salary, pay or 

remuneration of any type from the United States.4 

Section 10.421(d) of the implementing regulations requires that OWCP reduce the amount 

of compensation by the amount of any SSA benefits that are attributable to federal service of the 

employee.5 FECA Bulletin No. 97-09 states that FECA benefits have to be adjusted for the FERS 

portion of SSA benefits because the portion of the SSA benefit earned as a federal employee is 

part of the FERS retirement package, and the receipt of FECA benefits and federal retirement 

concurrently is a prohibited dual benefit.6 

Section 404.310 of SSA regulations provides that entitlement to SSA benefits begins at 62 

years.7 Section 404.409 of SSA regulations provides that for individuals born from 1943 to 1954, 

full retirement age is 66 years.8 

ANALYSIS -- ISSUE 1

The Board finds that OWCP properly determined that appellant received an overpayment 

of compensation in the amount of $13,631.71.

OWCP found a $13,631.71 overpayment for the period April 1, 2016 to April 29, 2017. 

The overpayment was based on the evidence received from SSA with respect to benefits paid to 

appellant. The record indicates that while appellant was receiving compensation for total disability 

 

3 5 U.S.C. § 8102(a).

4

Id. at § 8116.

5 20 C.F.R. § 10.421(d); see L.J., 59 ECAB 264 (2007).

6 FECA Bulletin No. 97-09 (issued February 3, 1997).

7 20 C.F.R. § 404.310.

8

Id. at § 404.409.
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under FECA, she also received SSA age-based retirement benefits. A claimant cannot receive 

concurrent compensation for wage loss and SSA retirement benefits attributable to federal service 

for the same period.9 The information provided by SSA indicated that appellant received agebased SSA benefits that were attributable to federal service during the period April 1, 2016 to 

April 29, 2017.

To determine the amount of the overpayment, the portion of the SSA benefits that were 

attributable to federal service must be calculated. OWCP received evidence from SSA with respect 

to the specific amount of age-based SSA retirement benefits that were attributable to federal 

service. The SSA provided the SSA rate with FERS, and without FERS for specific periods 

commencing in April 2016 through April 2017. OWCP provided its calculations for each relevant 

period based on the SSA worksheet. No contrary evidence was provided. 

The Board has reviewed OWCP’s calculation of benefits received by appellant for the 

period April 1, 2016 to April 29, 2017 and finds that an overpayment of compensation in the 

amount of $13.631.71 was created.10

LEGAL PRECEDENT -- ISSUE 2

Section 8129 of FECA provides that an overpayment in compensation shall be recovered 

by OWCP unless “incorrect payment has been made to an individual who is without fault and 

when adjustment or recovery would defeat the purpose of FECA or would be against equity and 

good conscience.”

11

 Section 10.438 of OWCP regulations provides that [t]he individual who 

received the overpayment is responsible for providing information about income, expenses, and 

assets as specified by OWCP. This information is needed to determine whether or not recovery of 

an overpayment would defeat the purpose of FECA or be against equity and good conscience. 

Failure to submit the requested information within 30 days of the request shall result in denial of 

waiver.12

ANALYSIS -- ISSUE 2

The Board finds that OWCP properly denied waiver of recovery of the $13,631.71 

overpayment.

As OWCP found appellant without fault in the creation of the overpayment, waiver must 

be considered, and repayment is still required unless adjustment or recovery of the overpayment 

 

9 Supra notes 5 and 6.

10 See G.T., Docket No. 15-1314 (issued September 9, 2016).

11 5 U.S.C. § 8129.

12 20 C.F.R. § 10.438.
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would defeat the purpose of FECA or be against equity and good conscience.13 Appellant, 

however, had the responsibility to provide financial information to OWCP,14 and did not do so.

In its preliminary determination dated June 7, 2017, OWCP clearly explained the 

importance of providing the completed overpayment recovery questionnaire (Form OWCP-20) 

and financial information. It advised appellant that it would deny waiver of recovery if she failed 

to furnish the requested financial information within 30 days. Appellant did not submit a 

completed overpayment recovery questionnaire or otherwise submit financial information 

supporting her income and expenses within the defined period. As a result, OWCP did not have 

the necessary financial information to determine if recovery of the overpayment would defeat the 

purpose of FECA or if recovery would be against equity and good conscience.

Consequently, as appellant did not submit the financial information required under section 

10.438 of OWCP regulations, which was necessary to determine her eligibility for waiver, OWCP 

properly denied waiver of recovery of the overpayment of compensation in the amount of 

$13,631.71.15

LEGAL PRECEDENT -- ISSUE 3

Section 10.441 of OWCP’s regulations provides that when an overpayment has been made 

to an individual who is entitled to further payments, the individual shall refund to OWCP the 

amount of the overpayment as soon as the error is discovered or his or her attention is called to the 

same. If no refund is made, OWCP shall decrease later payments of compensation, taking into 

account the probable extent of future payments, the rate of compensation, the financial 

circumstances of the individual and any other relevant factors, so as to minimize hardship.16

ANALYSIS -- ISSUE 3

The Board finds that OWCP properly set recovery of the overpayment of compensation at 

$100.00 every 28 days from continuing compensation payments.

Although OWCP provided appellant an overpayment recovery questionnaire with the 

June 7, 2017 preliminary determination, as noted, she did not submit a completed overpayment 

recovery questionnaire or other financial information that OWCP requested prior to the final 

July 12, 2017 overpayment decision. The overpaid individual is responsible for providing 

information about income, expenses, and assets as specified by OWCP.17 When an individual fails 

to provide requested financial information, OWCP should follow minimum collection guidelines 

 

13 Supra note 11.

14 20 C.F.R. § 10.438.

15 See S.B., Docket No. 16-1795 (issued March 2, 2017).

16 20 C.F.R. § 10.441; see Steven R. Cofrancesco, 57 ECAB 662 (2006).

17 Id. at § 10.438.
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designed to collect the debt promptly and in full.18 As appellant did not submit any financial 

information to OWCP as requested, the Board finds that there is no evidence in the record to show 

that OWCP erred in directing recovery of the $13,631.71 overpayment at the rate of $100.00 every 

28 days.

19

As to appellant’s general assertion on appeal that the overpayment was in error, as 

explained above OWCP correctly found that an overpayment of compensation had been created, 

that appellant was not at fault in its creation, properly denied waiver of recovery of the 

overpayment, and set a reasonable recovery rate.

CONCLUSION

The Board finds that appellant received an overpayment of compensation in the amount of 

$13,631.71, that OWCP properly denied waiver of recovery of the overpayment, and that it 

properly required recovery at the rate of $100.00 every 28 days from appellant’s continuing 

compensation payments.

 

18 Frederick Arters, 53 ECAB 397 (2002); Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Initial 

Overpayment Actions, Chapter 6.200.4(c)(2) (May 2004).

19 See S.B., supra note 15.
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ORDER

IT IS HEREBY ORDERED THAT the July 12, 2017 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: August 20, 2018

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board