United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

Z.R., Appellant

and

U.S. POSTAL SERVICE, GRAYSON POST 

OFFICE, Grayson, KY, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 22-0028

Issued: July 29, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On October 1, 2021 appellant filed a timely appeal from a June 24, 2021 merit decision 

and a July 22, 2021 nonmerit 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 over the merits of this case. 2

ISSUES

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

overpayment of compensation in the amount of $33,514.24, for the period November 1, 2017 

through December 5, 2020, for which she was without fault, because she concurrently received 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the July 22, 2021 decision, appellant submitted additional evidence to 

OWCP. 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

FECA wage-loss compensation benefits and Social Security Administration (SSA) age-related 

retirement benefits without an appropriate offset; (2) whether OWCP properly denied waiver of 

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

by deducting $397.05 from appellant’s continuing compensation payments every 28 days; and 

(4) whether OWCP properly denied appellant’s request for a hearing before its Branch of Hearings 

and Review, pursuant to 5 U.S.C. § 8124(b). 

FACTUAL HISTORY

On April 1, 2013 appellant, then a 57-year-old rural carrier, filed an occupational disease 

claim (Form CA-2) alleging that she experienced extensive damage to tendons in her right shoulder

due to factors of her federal employment. She indicated that she first became aware of her 

condition and realized its relationship to her federal employment on March 18, 2013. Appellant 

stopped work on March 19, 2013. In a November 14, 2013 decision, OWCP accepted her claim 

for aggravation of right shoulder rotator cuff tear. It paid appellant wage-loss compensation on 

the supplemental rolls, effective March 19, 2013, and on the periodic rolls, effective 

December 15, 2013.3 

On November 14, 2019 OWCP sent a Federal Employees Retirement System (FERS)/SSA 

dual benefits form to SSA for its completion. It listed the computation period as October 20, 2019 

to the present. 

On December 20, 2019 SSA provided OWCP with a completed FERS/SSA dual benefits 

form, which listed appellant’s monthly SSA age-related retirement benefit rates with FERS and 

without FERS for the period November 2017 through December 2019. It reported that: beginning 

November 2017, her SSA rate with FERS was $1,155.00 and without FERS was $296.60; 

beginning December 2017, her SSA rate with FERS was $1,178.00 and without FERS was 

$302.50; beginning January 2018, her SSA rate with FERS was $1,180.00 and without FERS was 

$311.00; beginning December 2018, her SSA rate with FERS was $1,213.00 and without FERS 

was $319.70; beginning January 2019, her SSA rate with FERS was $1,216.00 and without FERS 

was $337.90; and beginning December 2019, her SSA rate with FERS was $1,236.00 and without 

FERS was $343.30. 

In a December 11, 2020 letter, OWCP informed appellant that it would begin deducting 

the portion of SSA age-related retirement benefits attributable to her federal service from her 

FECA wage-loss compensation. It found that, with the SSA offset, she was entitled to net 

compensation payment of $1,607.49. 

On January 4, 2021 OWCP received a second FERS/SSA dual benefits form, which listed 

appellant’s monthly SSA age-related retirement benefit rates with FERS and without FERS for the 

period November 2017 through December 2020. It reported that: beginning November 2017, 

[appellant’s] SSA rate with FERS was $1,155.80 and without FERS was $296.60; beginning 

December 2017, [appellant’s]SSA rate with FERS was $1,178.80 and without FERS was $302.50; 

3 On April 4, 2017 appellant accepted a part-time position as a pharmacy technician. By decision dated February 12, 

2018, OWCP issued a formal loss of wage-earning capacity determination finding that her actual earnings as a 

pharmacy technician fairly and reasonably represented her wage-earning capacity. 
3

beginning December 2018, [appellant’s] SSA rate with FERS was $1,213.40 and without FERS 

was $310.90; beginning December 2019, [appellant’s] SSA rate with FERS was $1,236.30 and 

without FERS was $315.80; and beginning December 2020, [appellant’s] SSA rate with FERS 

was $1,258.70 and without FERS was $319.90. 

OWCP completed a FERS offset overpayment calculation form on February 1, 2021. It 

calculated the overpayment amount by determining the 28-day FERS offset amount for the days 

in each period and computed a total overpayment of $33,514.24. OWCP found that, from 

November 1 through 30, 2017, appellant received an overpayment in the amount of $849.76,from 

December 1, 2017 through November 30, 2018, she received an overpayment in the amount of 

$10,543.29,from December 1, 2018 through November 30, 2019, she received an overpayment in 

the amount of $10,859.75, from December 1, 2019 through November 30, 2020, she received an 

overpayment in the amount of $11,106.69, and from December 1 through 5, 2020, she received an 

overpayment in the amount of $154.75. 

In a March 10, 2021 letter, OWCP informed appellant that it would begin deducting the 

portion of SSA age-related retirement benefits attributable to her federal service from her 

compensation benefits. It found that with the SSA offset she was entitled to a new net 

compensation payment of $1,538.18. 

OWCP completed a second FERS offset overpayment calculation form on March 10, 2021. 

It calculated the overpayment amount by determining the 28-day FERS offset amount for the days 

in each period and computed a total overpayment of $36,113.99. OWCP found that, from 

November 1 through 30, 2017, appellant received an overpayment in the amount of $849.76,from 

December 1, 2017 through November 30, 2018, she received an overpayment in the amount of 

$10,543.29,from December 1, 2018 through November 30, 2019, she received an overpayment in 

the amount of $10,859.75, from December 1, 2019 through November 30, 2020, she received an 

overpayment in the amount of $11,106.69, and from December 1, 2020 through February 27, 

2021, she received an overpayment in the amount of $2,754.50. 

In a preliminary overpayment determination dated May 17, 2021, OWCP notified 

appellant of its preliminary finding that she had received an overpayment of compensation in the 

amount of $33,514.24 for the period November 1, 2017 through December 5, 2020, because it had 

failed to reduce her wage-loss compensation benefits by the portion of her SSA age-related 

retirement benefits that were attributable to federal service. It further advised her of its preliminary 

determination that she was without fault in the creation of the overpayment. OWCP requested that 

appellant submit a completed overpayment recovery questionnaire (Form OWCP-20), to 

determine a reasonable payment method, and advised her that she could request waiver of recovery 

of the overpayment. It further requested that she submit supporting financial documentation, 

including copies of income tax returns, bank account statements, bills and canceled checks, pay 

slips, and any other records supporting income and expenses. Additionally, OWCP provided an 

overpayment action request form and notified appellant that within 30 days of the date of the letter 

she could request a telephone conference, a final decision based on the written evidence, or a 

prerecoupment hearing. No response was received. 

By decision dated June 24, 2021, OWCP finalized the preliminary overpayment 

determination, finding that appellant had received an overpayment of compensation in the amount 
4

of $33,514.24 for the period November 1, 2017 through December 5, 2020 because she 

concurrently received SSA age-related retirement benefits and FECA wage-loss compensation 

without an appropriate offset. It also found that she was without fault in the creation of the 

overpayment, but denied waiver of recovery of the overpayment. OWCP determined that recovery 

of the overpayment would require deducting $397.05 from appellant’s continuing compensation 

payments every 28 days. 

On June 30, 2021 OWCP received an overpayment action request form and letter dated 

June 23, 2021 from appellant requesting an extension to submit her response that it interpreted as 

her request for a hearing before a representative of OWCP’s Branch of Hearings and Review 

regarding OWCP’s overpayment determination. 

By decision dated July 22, 2021, OWCP denied appellant’s hearing request. It found that 

she was allowed 30 days from the May 17, 2021 preliminary overpayment determination to request 

a hearing before a representative of OWCP’s Branch of Hearings and Review, but that she did not 

request such a hearing regarding the preliminary overpayment determination. OWCP advised that 

on June 24, 2021 it issued a final overpayment decision, and further noted, “The final decision 

concerning an overpayment is not subject to the hearing provision of 5 U.S.C. § 8124(b).” It also 

noted that appellant could file an appeal with the Board. 

LEGAL PRECEDENT -- ISSUE 1

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

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

performance of his or her duty.4 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.5

Section 10.421(d) of OWCP’s implementing regulations requires OWCP to reduce the 

amount of compensation by the amount of any SSA age-related retirement benefits that are 

attributable to the employee’s federal service.6 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. 7

4

5 U.S.C. § 8102(a).

5

Id. at § 8116.

6

20 C.F.R. § 10.421(d); see S.M., Docket No. 17-1802 (issued August20, 2018); L.J., 59 ECAB 264 (2007).

7 FECA Bulletin No. 97-09 (issued February 3, 1997); see also N.B., Docket No. 18-0795 (issued January 4, 2019).
5

ANALYSIS -- ISSUE 1

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

of compensation, for which she was without fault, because she concurrently received FECA wageloss compensation benefits and SSA age-related retirement benefits without an appropriate offset.

As noted, a claimant cannot receive both compensation for wage-loss compensation 

benefits under FECA and SSA age-related retirement benefits attributable to federal service for 

the same period. The receipt of FECA benefits and federal retirement concurrently is a prohibited 

dual benefit.8 In this case, OWCP was notified by SSA in a form received by OWCP on 

December 20, 2019 and January 4, 2021 that appellant had concurrently received FECA benefits 

and SSA age-related retirement benefits attributable to her federal service without an appropriate

offset beginning November 1, 2017. The Board finds that fact of overpayment is, therefore, 

established.

The Board further finds, however, that the case is not in posture for decision with respect 

to the amount of the overpayment. 

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

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

respect to the specific amount of SSA age-related retirement benefits that were attributable to 

federal service and provided its rate with FERS and without FERS for the period beginning 

November 1, 2017. However, it received two FERS/SSA dual calculation transmittal forms, the 

first dated December 20, 2019 and the second dated January 4, 2021, with differing amounts of 

SSA benefits with FERS and without FERS. In addition, the evidence of record also contains two 

FERS offset overpayment calculation worksheets, which cover two different periods of 

overpayment. The first calculation worksheet dated February 1, 2021 provided the overpayment 

amount for the period November 1, 2017 through December 5, 2020. The second calculation 

worksheet dated March 10, 2021 provided the overpayment amount for the period November 1, 

2017 through February 27, 2021. The Board has held that, in overpayment cases, it is essential 

that OWCP provide the recipient of compensation with a clear statement showing how the 

overpayment was calculated.9 In this case, however, the Board finds that OWCP has not 

adequately explained how the overpayment was determined in light of the discrepancies in the 

evidence provided by SSA regarding the different amounts of appellant’s monthly SSA rates with

and without the FERS offset. The evidence of record is also unclear regarding the period of 

overpayment and when OWCP began to properly offset her FECA compensation benefits. As 

such, the Board is unable to verify that appellant received an overpayment of compensation in the 

amount of $33,514.24.

10

8

Id. See also A.C., Docket No. 18-1550 (issued February 21, 2019).

9 A.P., Docket No. 19-1671 (issued February 22, 2021); J.M., Docket No. 18-1505 (issued June 21, 2019); Teresa A. 

Ripley, 56 ECAB 528 (2005).

10 See G.R., Docket No. 21-0209 (issued December 20, 2021); see also S.H., Docket No. 20-1189 (issued 

January 27, 2021).
6

Accordingly, the Board finds that the case must be remanded to OWCP. On remand 

OWCP shall clarify the discrepancy between the figures provided by SSA to OWCP and when 

OWCP began to properly offset appellant’s FECA compensation benefits. It shall then determine 

the proper amount of the overpayment of compensation based on the correct rates provided by 

SSA and issue a new preliminary overpayment determination, with an overpayment action request 

form, a Form OWCP-20, and instructions for her to provide supporting financial information. 

Following this, and other such further development as deemed necessary, OWCP shall issue a 

de novo decision.11

CONCLUSION

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

of compensation, for which she was without fault, because she concurrently received FECA wageloss compensation benefits and SSA age-related retirement benefits without an appropriate offset. 

The Board further finds that the case is not in posture for decision with respect to the period and 

amount of the overpayment.

ORDER

IT IS HEREBY ORDERED THAT the June 24, 2021 decision of the Office of Workers’

Compensation Programs is affirmed in part and set aside in part. The July 22, 2021 decision of 

11 Given the Board’s disposition regarding Issue 1, Issues 2, 3, and 4 are rendered moot. 
7

the Office of Workers’ Compensation Programs is set aside as moot. The case is remanded to 

OWCP for further proceedings consistent with this decision of the Board.

Issued: July 29, 2022

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