United States Department of Labor

Employees’ Compensation Appeals Board

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H.L., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

CALVERTON NATIONAL CEMETERY, 

Calverton, NY, Employer

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Docket No. 21-0918

Issued: December 9, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On May 17, 2021 appellant filed a timely appeal from a January 27, 2021 merit decision 

of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

assigned Docket No. 21-0918.

The issues on appeal before the Board relate to OWCP’s January 27, 2021 decision,finding 

an overpayment of wage-loss compensation in the amount of $12,497.97 for the period June 1, 

2016 through August 15, 2020 for which appellant was without fault due to his alleged concurrent 

receipt of Federal Employees’ Compensation Act1(FECA) wage-loss compensation and Social 

Security Administration (SSA) age-related retirement benefits without an appropriate offset. 

OWCP also denied waiver of recovery of the overpayment and required repayment of the 

overpayment by deducting $215.00 from his continuing compensation payments every 28 days.

1

5 U.S.C. § 8101 et seq.
2

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

appellant’s SSA age-related retirement benefits were attributable to federal employment.2

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

reduced by the Federal Employees Retirement System (FERS)/FECA offset amount. Since the 

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.3 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.4 

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 concurrent receipt of FECA benefits 

and federal retirement is a prohibited dual benefit.5 In identifying the fact and amount of 

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.6 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.7 Following receipt of the purported SSA 

calculations, a preliminary determination of overpayment is issued if a prohibited dual benefit was 

received.8

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). Other federal employees are not entitled to be enrolled 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.9

2

See P.R., Docket No. 20-0851 (issued January 29, 2021); see also L.A., Docket No. 20-0949 (issued 

December 2, 2020).

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

Chapter 6.200.1(h) (September 2020).

4

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

5 FECA Bulletin No. 97-09 (issued February3, 1997);see also N.B., Docket No. 18-0795 (issued January 4, 2019).

6

Id.

7

Id.

8

Id.

9

See Federal (FECA) Procedure Manual, Part 2 --Claims, Periodic Review of Disability Claims, Chapter 2.812.9c 

(May 2012).
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.10

OWCP accepted that on April 22, 1993 appellant, then a 40-year-old cemetery caretaker, 

sustained cervical spondylosis, cervical disc disorder with radiculopathy, a right acromioclavicular 

joint sprain, and a right rotator tear moving a headstone while in the performance of duty.11 In a 

claim for compensation (Form CA-7) dated January 26, 1994, the employing establishment 

indicated that his total length of federal civilian service was 10 years and 4 months. Appellant,

thus, began his federal civilian service prior to January 1, 1987, the effective date of FERS.12 The 

record fails to indicate that he converted his retirement coverage from CSRS to FERS.13

As noted, an offset is not required if the employee is covered under CSRS rather than 

FERS. If OWCP cannot determine what retirement system the claimant is under, it should send a 

letter to both the claimant and Office of Personnel Management (OPM) requesting pertinent 

information.14

The Board finds that, in light of appellant’s pre-1987 federal employment history, the 

evidence does not establish that he was covered under FERS or received a prohibited dual benefit.15 

OWCP did not sufficiently investigate whether appellant was covered under either CSRS or CSRS 

Interim/Offset,16 or FERS.17

Given the lack of definitive information regarding appellant’s retirement coverage, the case 

must be remanded to OWCP for further development. On remand OWCP should consult with 

OPM regarding appellant’s retirement coverage. To the extent that appellant’s monthly SSA agerelated retirement benefits were based in part on his FERS-based federal service, OWCP should 

also obtain a complete earnings history and benefits payment history from SSA prior to issuing 

another preliminary and/or final overpayment determination.

10 See P.C. (R.C), Order Reversing Case, Docket No. 20-1546 (issued May 4, 2021).

11 The traumatic injury claim form (Form CA-1) is not contained in the case record.

12 5 U.S.C. § 8402(b)(2)(B); see also A.S., Docket No. 17-1459 (issued December 22, 2017).

13 See id. at § 8402.

14 Supra note 9 at Part 2 --Claims, Periodic Review of Disability Cases, Chapter 2.812.9c (May2012).

15 See A.S., supra note 12;G.W.,Docket No. 09-1211 (issued January6, 2010).

16 CSRS Interim/Offset was a precursor to FERS that required contributions to both CSRS and Social Security’s 

Old-Age, Survivors, and Disability Insurance (OASDI). It generally applied to certain new hires or former CSRScovered employees who had been separated from service for at least one year and rehired after December 31, 1983.

17 The record does not include a Standard Form (SF)-50 (Notification of Personnel Action) indicating whether 

appellant was covered under CSRS, CSRS Offset, or FERS.
4

IT IS HEREBY ORDERED THAT the January 27, 2021 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this order of the Board.

Issued: December 9, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board