United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

A.B., Appellant

and

DEPARTMENT OF THE ARMY, WALTER 

REED ARMY MEDICAL CENTER, 

Washington, DC, Employer

__________________________________________

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Docket No. 20-1133

Issued: December 18, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On May 7, 2020 appellant filed a timely appeal from an April 30, 2020 merit decision of 

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

Compensation Act1(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction to 

consider the merits of this case.

ISSUES

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

overpayment of compensation in the amount of $2,803.39, for which she was without fault, 

because she concurrently received FECA wage-loss compensation and Social Security 

Administration (SSA) age-related retirement benefits for the period January 1, 2019 through 

February 29, 2020, without an appropriate offset; (2) whether OWCP properly denied waiver of 

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

 

1 5 U.S.C. § 8101 et seq.
2

overpayment by deducting $387.29 from appellant’s continuing compensation payments every 28 

days.

FACTUAL HISTORY

On August 18, 1998 appellant, then a 35-year-old secretary, filed a traumatic injury claim 

(Form CA-1) alleging that on August 6, 1998 she strained her neck and shoulder when she pulled 

a fire door open while in the performance of duty. On September 8, 1998 OWCP accepted her 

claim for a cervical strain. Appellant stopped work on August 17, 1998. OWCP paid her wageloss compensation on the periodic rolls, effective January 31, 1999.

In a November 15, 2019 memorandum, the employing establishment noted that appellant’s 

most recent EN1032 form indicated that she had received SSA disability only, but suspected that 

because she turned 66 years old that year, it was more likely than not that she had begun receiving 

Federal Employees Retirement system (FERS) age-related benefits instead of SSA disability. It 

requested that a FERS/SSA dual benefits calculation form be sent to SSA in order to determine if 

her compensation needed to be offset.

On February 21, 2020 SSA completed the dual benefits calculation form, which indicated 

appellant’s SSA benefit rates with a FERS offset and without a FERS offset from January through 

December 2019: beginning January 2019, the SSA rate with FERS was $1,403.10 and without 

FERS was $1,203.70; and beginning December 2019, the SSA rate with FERS was $1,425.50 and 

without FERS was $1,222.90.

On March 5, 2020 OWCP prepared a FERS offset calculation worksheet wherein it noted 

the calculations of appellant’s overpayment from January 1, 2019 through February 29, 2020. The 

total overpayment was determined to be $2,803.39.

In a letter dated March 5, 2020, OWCP notified appellant that, based on the information 

provided by SSA regarding the amount of her age-related retirement benefits attributable to federal 

service, her FECA compensation would be reduced to $1,738.98 every 28 days.

On March 19, 2020 OWCP issued a preliminary overpayment determination, finding that 

appellant was overpaid compensation in the amount of $2,803.39 for the period of January 1, 2019 

through February 29, 2020 because the appropriate SSA/FERS offset was not applied to her wageloss compensation payments for this period. It determined that she was without fault in the creation 

of the overpayment. OWCP requested that appellant submit a completed overpayment recovery 

questionnaire (Form OWCP-20), with supporting financial documentation, to determine a 

reasonable repayment method, and advised her that she could request waiver of recovery of the 

overpayment. It advised her that it would deny waiver if she failed to furnish the requested 

financial information within 30 days. OWCP further informed appellant that, within 30 days of 

the date of the letter, she could contest the overpayment and request a telephone conference, a final 

decision based on the written evidence, or a prerecoupment hearing. No response was received.

By decision dated April 30, 2020, OWCP determined that appellant had received an 

overpayment of compensation in the amount of $2,803.39 for the period January 1, 2019 through 

February 29, 2020 because it failed to offset her compensation payments by the portion of her age-
3

related retirement benefits that were attributable to her federal service.2 It further found that she 

was without fault in the creation of the overpayment, but denied waiver of recovery, because she 

had not submitted evidence in response to its preliminary overpayment determination. OWCP 

required recovery of the overpayment by withholding $387.29 from appellant’s continuing 

compensation payments every 28 days beginning May 24, 2020.

LEGAL PRECEDENT -- ISSUE 1

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

disability 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 FECA’s implementing regulations requires that OWCP reduce the 

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

the employee.5 FECA Bulletin No. 97-09 provides 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

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $2,803.39 as she concurrently received SSA age-related 

retirement benefits and FECA wage-loss compensation for the period January 1, 2019 through 

February 29, 2020, without appropriate offset.

To determine the amount of the overpayment, the portion of the SSA age-related retirement 

benefits that were attributed to federal service must be calculated. The SSA provided appellant’s 

SSA rate with FERS and without FERS during the applicable period. OWCP found that, since 

SSA benefits were paid monthly and FECA benefits were paid every 28 days, the monthly offset 

had to be adjusted to a 28-day payment cycle amount. This amount differed for each period 

beginning January 2019. OWCP calculated that the lack of offset from January 1, 2019 through 

February 29, 2020, resulting in an overpayment total of $2,803.39. The Board has reviewed 

OWCP’s calculations and finds that it properly determined that appellant received prohibited dual 

 

2 OWCP listed May 1, 2019 as the date appellant began receiving dual benefits; however, it appears that this is a 

typographical error as the overpayment amount it arrived in its decision is based on a calculation beginning 

January 1, 2019.

3 5 U.S.C. § 8102(a).

4

Id. at § 8116.

5 20 C.F.R. § 10.421(d); see S.O., Docket No. 18-0254 (issued August 2, 2018); L.J., 59 ECAB 264 (2007).

6 FECA Bulletin No. 97-09 (February 3, 1997).
4

benefits totaling $2,803.39, thus creating an overpayment of compensation in that amount, for the 

period of January 1, 2019 through February 29, 2020.

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.”

7

 Section 10.438 of OWCP’s regulations provides that the 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.8

ANALYSIS -- ISSUE 2

The Board finds that OWCP properly denied waiver of recovery of the 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 

would defeat the purpose of FECA or be against equity and good conscience.9 Appellant, however, 

had the responsibility to provide the appropriate financial information and documentation to 

OWCP.10

Consequently, as appellant did not submit the information required under 20 C.F.R. 

§ 10.438 of OWCP’s regulations, necessary to determine her eligibility for waiver, the Board finds 

that OWCP properly denied waiver of recovery of the overpayment.11

 

7 5 U.S.C. § 8129.

8 20 C.F.R. § 10.438.

9

Id. at § 10.436.

10 Id. at § 10.438.

11 See T.E., Docket No. 19-0348 (issued December 11, 2019).
5

LEGAL PRECEDENT -- ISSUE 3

The Board’s jurisdiction over recovery of an overpayment is limited to reviewing those 

cases where OWCP seeks recovery from continuing compensation under FECA.12 Section 

10.441(a) of the regulations13 provides:

“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 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 

any hardship.”

14

ANALYSIS -- ISSUE 3

The Board finds that OWCP properly required recovery of the overpayment by deducting 

$387.29 from appellant’s continuing compensation payments every 28 days.

Appellant did not complete the Form OWCP-20 or otherwise provide the necessary 

financial information to support her income and expenses prior to the final April 30, 2020 

overpayment decision. The overpaid individual is responsible for providing information about 

income, expenses, and assets as specified by OWCP.15 When an individual fails to provide 

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

collect the debt promptly and in full.16 As appellant did not submit the financial documentation to 

OWCP as requested, the Board finds that there is no evidence of record to establish that requiring 

recovery of the $2,803.39 overpayment at the rate of $387.29 every 28 days from her continuing 

compensation payments was unreasonable.

17

CONCLUSION

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

$2,803.39 for which she was without fault, as she concurrently received SSA age-related 

retirement benefits and FECA wage-loss compensation for the period January 1, 2019 through 

 

12 See C.A., Docket No. 18-1284 (issued April 15, 2019); Lorenzo Rodriguez, 51 ECAB 295 (2000); Albert Pineiro, 

51 ECAB 310 (2000).

13 20 C.F.R. § 10.441(a).

14 Id.

15 Supra note 10.

16 See A.S., Docket No. 19-0171 (issued June 12, 2019); Frederick Arters, 53 ECAB 397 (2002); Federal (FECA) 

Procedure Manual, Part 6 -- Debt Management, Final Overpayment Determinations, Chapter 6.400.3 

(September 2018).

17 See E.K., Docket No. 18-0587 (issued October 1, 2018); S.B., Docket No. 16-1795 (issued March 2, 2017).
6

February 29, 2020 without appropriate offset. The Board further finds that OWCP properly denied 

waiver of recovery of the overpayment and properly required recovery of the overpayment by 

deducting $387.29 every 28 days from her continuing compensation payments.

ORDER

IT IS HEREBY ORDERED THAT the April 30, 2020 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: December 18, 2020

Washington, DC

Christopher J. Godfrey, Deputy 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