United States Department of Labor

Employees’ Compensation Appeals Board

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J.T., Appellant

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U.S. POSTAL SERVICE, OPP POST OFFICE,

Opp, AL, Employer

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Docket No. 21-0119

Issued: April 9, 2021

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 4, 2020 appellant, through counsel, filed a timely appeal from a 

September 23, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP).2 

The Clerk of the Appellate Boards assigned Docket No. 21-0119.

The issues on appeal before the Board relate to OWCP’s September 23, 2020 finding that 

appellant received an overpayment of compensation in the amount of $12,749.52 for the period 

February 1, 2017 through August 15, 2020, for which she was without fault, due to her alleged 

concurrent receipt of Federal Employees’ Compensation Act3(FECA) wage-loss compensation 

and Social Security Administration (SSA) age-related retirement benefits without an appropriate 

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2 The record also contains a June 10, 2020 forfeiture decision, which appellant appealed to the Board on 

August 28, 2020. The appeal of the forfeiture decision will proceed under Docket No. 20-1563.

3 5 U.S.C. § 8101 et seq.
2

offset attributable to the Federal Employees Retirement System (FERS). OWCP also denied 

waiver of recovery of the overpayment and required repayment of $200.00 every 28 days from 

appellant’s continuing compensation payments.

The Board finds that OWCP failed to properly develop the underlying issue of what portion 

of appellant’s SSA age-related retirement benefits were attributable to her federal employment.4

OWCP’s procedures provide that an overpayment occurs when FECA compensation is not 

reduced by FERS/FECA offset amount. Since SSA will not report an offset amount until after 

SSA benefits are received, an overpayment will almost always occur and will need to be calculated 

for each period in which the offset amount was not withheld from compensation.5 The offset 

provision of 5 U.S.C. § 8116(d)(2) and applicable regulations apply to SSA age-related retirement 

benefits that are attributable to federal service.6 FECA Bulletin No. 97-09 provides that FECA 

benefits have to be adjusted for the FERS portion of SSA age-related retirement 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.7 

In identifying the fact and amount of an overpayment of compensation following a claimant’s 

receipt of SSA age-related retirement benefits, the Board has observed that OWCP uses a FERS 

Offset Calculation Worksheet.8 This calculation worksheet is sent to SSA and the completed form 

is returned to OWCP setting forth purported SSA calculations as to the effective date and rate of 

SSA benefits without FERS and the effective date and rate of SSA benefits with FERS.9 Following 

receipt of the purported SSA calculations, a preliminary determination of overpayment is issued if 

a prohibited dual benefit was received.10

The Board has observed, however, that not all federal employees are enrolled in FERS. 

Some FECA claimants are enrolled in another retirement program, such as the Civil Service 

Retirement System (CSRS).11 Other federal employees are not eligible for enrollment in a federal 

retirement program. Therefore, OWCP’s procedures with regard to requesting offset information 

are not applicable to all recipients of FECA compensation and SSA age-related retirement benefits.

 

4

J.L., Docket No. 19-1806 (issued July 29, 2020).

5 Federal (FECA) Procedure Manual, Part 6 -- Debt Management -- Identifying and Calculating an Overpayment, 

Chapter 6.200.1(h) (September 2020).

6 See 5 U.S.C. § 8116(a), (d); 20 C.F.R. § 10.421(a).

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

8 Supra note 4.

9 Supra note 7.

10 Id.

11 Supra note 4.
3

The information solicited on the FERS Offset Calculation Worksheet that OWCP sends to 

SSA is not applicable to non-FERS claimants and does not establish either the fact or amount of 

an overpayment.

In the present case, the evidence of record establishes that appellant was not enrolled in 

FERS. On the reverse side of her traumatic injury claim (Form CA-1) the employing establishment 

reported her retirement coverage only as Federal Insurance Contributions Act (FICA). Similarly, 

claims for compensation (Form CA-7) dated October 17 and November 3, 2016 provide that 

appellant was not covered under a retirement system, but had FICA coverage.

As OWCP has not demonstrated that appellant received SSA age-related retirement 

benefits, based on her federal service, concurrently with FECA disability compensation from 

OWCP, without proper offset, it has not established that she received an overpayment of 

compensation.12 Therefore, the Board finds that the September 23, 2020 decision must be 

reversed.

IT IS HEREBY ORDERED THAT the September 23, 2020 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: April 9, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

12 See Order Reversing Case, L.A., Docket No. 20-0949 (issued December 2, 2020).