United States Department of Labor

Employees’ Compensation Appeals Board

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G.L., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

EAST ORANGE VA HOSPITAL, NEW JERSEY 

HEALTH CARE SYSTEM, East Orange, NJ, 

Employer

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Docket No. 20-1285

Issued: April 20, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On June 8, 2020 appellant filed a timely appeal from a December 31, 2019 decision of the 

Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards 

docketed the appeal as Docket No. 20-1285.

On November 29, 2004 appellant, then a 52-year-old medical instrument technician, filed 

a traumatic injury claim (Form CA-1) alleging that on November 21, 2004 she bruised and injured 

her knee when she tripped over a chair and fell while trying to avoid a falling object while in the 

performance of duty. She stopped work on December 6, 2004. On March 3, 2005 OWCP 

accepted the claim for right rib contusion and left knee contusion and paid wage-loss compensation 

through January 31, 2005. It paid appellant wage-loss compensation on the periodic rolls, 

1 The Board notes that,following the December 31, 2019 decision, OWCP received additional evidence. Appellant 

also submitted additional new evidence with her appeal to the Board. However, the Board’s Rules of Procedure

provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the 

time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on 

appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first 

time on appeal. Id.
2

effective May 4, 2005. Appellant underwent OWCP-authorized left knee surgery on 

January 27, 2006. On March 22, 2007 OWCP expanded the acceptance of her claim to include 

contusion of the right abdominal wall, unspecified internal derangement of the left knee, and tear 

of the left medial meniscus. On November 29, 2007 it further expanded acceptance of the claim 

to include the additional conditions of lumbar radiculopathy and internal derangement of the right 

knee.

On July 7, 2014 OWCP notified appellant that FECA required that her continuing 

compensation benefits be reduced if she began receiving Social Security Administration (SSA)

age-related retirement benefits based on her age and federal service. It further noted that failure 

to report receipt of such retirement benefits to OWCP could result in an overpayment of 

compensation. OWCP directed appellant to contact it immediately if she was receiving, or had 

been approved to receive, SSA age-related retirement benefits.

On December 26, 2018 OWCP received from SSA a Federal Employees Retirement 

System (FERS)/SSA dual benefits calculation form which reported that appellant did not have 

Federal Insurance Contributions Act (FICA) federal earnings and that no offset would apply. On 

February 7, 2019 it noted that there was no FERS offset for her, effective December 21, 2018.

On September 4, 2019 OWCP received a second FERS/SSA dual benefits calculation form 

from SSA which reported that appellant had been in receipt of SSA age-related retirement benefits 

since June 2017. The form included calculations of her monthly SSA age-related retirement 

benefit rates beginning June 1, 2017 and each year thereafter through October 12, 2019. SSA 

provided appellant’s corresponding monthly benefit both with and without FERS.

Effective October 13, 2019, OWCP reduced appellant’s 28-day compensation payments to 

account for the SSA age-related retirement benefits she received that were attributable to her 

federal service. 

On October 15, 2019 OWCP calculated that appellant was overpaid $21,340.71 for the 

period June 1, 2017 through October 12, 2019. 

On October 25, 2019 OWCP advised appellant of its preliminary overpayment 

determination that she had received an overpayment of compensation in the amount $21,340.71 

for the period June 1, 2017 through October 12, 2019 because she concurrently received FECA 

wage-loss compensation and SSA age-related retirement benefits without an appropriate offset. It 

based its FERS offset overpayment calculation on the information that SSA provided on 

September 4, 2019. OWCP found that appellant was without fault in the creation of the 

overpayment. It requested that she complete an enclosed overpayment recovery questionnaire 

(Form OWCP-20) and submit supporting financial documentation, including copies of income

tax returns, bank account statements, bills, pay slips, and any other records to support income and 

expenses. Additionally, OWCP provided an overpayment action request form and notified 

appellantthat, 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.

Appellant responded on November 19, 2019 requesting that OWCP make a decision based 

on the written evidence regarding possible waiver of recovery of the overpayment. On her Form 
3

OWCP-20 she noted that she was instructed by SSA to file for retirement due to her age in 

June 2017, but when she tried to withdraw her benefits, she was informed that she did not have the 

funds needed to withdraw. 

By decision dated December 31, 2019, OWCP finalized its preliminary overpayment 

determination which found that appellant received an overpayment of compensation in the amount 

of $21,340.71 for the period June 1, 2017 through October 12, 2019 for which she was without

fault. It further found that the circumstances of the case did not warrant waiver of recovery of the 

overpayment because the evidence of record was insufficient to establish that recovery of an 

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

OWCP required recovery of the overpayment by deducting $181.12 from appellant’s continuing 

compensation payments every 28 days beginning February 1, 2020.

The issues on appeal before the Board relate to OWCP’s finding of an overpayment due to 

appellant’s alleged concurrent receipt of FECA wage-loss compensation and SSA age-related 

retirement benefits without an appropriate offset.

OWCP’s procedures provide that an overpayment occurs when FECA wage-loss 

compensation is not reduced by the 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.2 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. 3 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.4 In identifying the fact and amount of an overpayment 

of compensation following a claimant’s receipt of age-related SSA retirement benefits, the Board 

has observed that OWCP uses a FERS/SSA dual benefits worksheet.5 This worksheet is sent to 

SSA and the completed form is returned to OWCP setting forth purported SSA calculations as to 

the effective dates and rates of SSA age-related retirement benefits with and without FERS.6 

Following receipt of the purported SSA calculations, a preliminary determination of overpayment 

is issued if a prohibited dual benefit was received.7

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 

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

Chapter 6.200.1h (September 2020).

3

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

4 FECA Bulletin No. 97-09 (issued February3, 1997);C.T., Docket No. 21-0153 (issued July 21, 2021).

5

Id.

6

Id.

7 C.T., supra note 4
4

Retirement System. Other federal employees are not eligible 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. Thus, 

the information solicited on the 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.

OWCP determined that appellant received an overpayment of compensation during the 

period June 1, 2017 through October 12, 2019 because she concurrently received FECA wage-loss 

compensation and SSA age-related retirement benefits without an appropriate offset. The 

evidence of record, however, contains conflicting evidence with regard to herretirement coverage. 

It therefore remains unclear whether appellant was covered under FERS during the period of the 

alleged overpayment.

As OWCP has not established that appellant received an overpayment of compensation 

during the period June 1, 2017 through October 12, 2019, the Board finds that OWCP has not met 

its burden of proof.

IT IS HEREBY ORDERED THAT the December 31, 2019 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: April 20, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board