United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

F.L., Appellant

and

U.S. POSTAL SERVICE, LOS ANGELES 

PROCESSING & DISTRIBUTION CENTER, 

Los Angeles, CA, Employer

__________________________________________

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Docket No. 21-0619

Issued: December 16, 2021

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

PATRICIA H. FITZGERALD, Alternate Judge

JURISDICTION

On March 11, 2021 appellant filed a timely appeal from a February 12, 2021 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 $90,771.08 for which she was without fault, for 

the period May 1, 2013 through August 15, 2020, because she concurrently received Social 

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

compensations 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 $457.36 every 28 days from appellant’s continuing compensation 

payments.

FACTUAL HISTORY

On September 17, 1999 appellant, then a 48-year-old flat sorter operator, filed an 

occupational disease claim (Form CA-2) alleging that she sustained overuse syndrome and 

tendinitis of the right hand while keying in the performance of duty on or before August 14, 1999. 

OWCP accepted the claim for right hand and wrist tenosynovitis and right carpal tunnel syndrome. 

Appellant performed full-time limited-duty work from September 16, 1999 through May 11, 2009. 

OWCP paid her wage-loss compensation for intermittent work absences related to the accepted 

conditions. 

On May 12, 2009 appellant claimed a recurrence of disability (Form CA-2a) commencing 

that date as there was no work available within her medical limitations. OWCP paid her wageloss compensation on the periodic rolls, effective June 7, 2009. 

Appellant began receiving SSA disability benefits in November 2009.

By decision dated April 28, 2011, OWCP reduced appellant’s wage-loss compensation

effective May 8, 2011, based on her capacity to earn wages in the constructed position of Gate 

Guard, Department of Labor, Dictionary of Occupational Titles (DOT) #379.367-010, at the rate 

of $340.00 per week.

In a January 27, 2012 letter, appellant elected to receive retirement benefits through the 

Office of Personnel Management retroactive to July 19, 2011. On April 24, 2012 she elected to 

receive FECA wage-loss compensation in lieu of OPM retirement benefits effective 

April 20, 2012. OWCP resumed appellant’s wage-loss compensation on the periodic rolls. 

On December 10, 2012 OWCP informed appellant that section 8116(d)(2) of FECA 

(5 U.S.C. § 8116(d)(2)) requires that her continuing compensation benefits be reduced if she 

begins receiving SSA retirement benefits based on her age and federal service. It advised that 

because she was approaching her 62nd birthday they were notifying her of this requirement. OWCP 

further advised that failure to report receipt of retirement benefits to OWCP could result in an 

overpayment of compensation, which could be subject to recovery. 

In a June 25, 2013 letter, SSA noted that appellant was entitled to monthly retirement 

benefits commencing May 2013. Appellant’s retirement coverage was listed as Federal 

Employees Retirement System (FERS).2 

On January 17, 2020 OWCP provided SSA a dual benefits calculation form. It listed the 

computation period as May 11, 2009 to present. On August 4, 2020 OWCP received the 

completed FERS/SSA dual benefits calculation form, wherein SSA calculated SSA benefit rates 

2

In a November 28, 2016 letter, SSA notified appellant that her SSA benefits would change from disability 

retirement to age-related retirement beginning in December 2016 as she would attain the full retirement age on 

December 9, 2016. 
3

with and without a FERS offset from May 1, 2013 through July 2020. Beginning May 1, 2013, 

the SSA rate with FERS was $1,268.80 and without FERS was $428.10. Beginning December 1, 

2013, the SSA rate with FERS was $1,287.80 and without FERS was $434.50. Beginning 

December 1, 2014, the SSA rate with FERS was $1,309.70 and without FERS was $441.90. 

Beginning November 1, 2015, the SSA rate with FERS was $1,309.70 and without FERS was 

$441.90. Beginning December 1, 2016, the SSA rate with FERS was $1,797.00 and without FERS 

was $631.00. Beginning December 1, 2017, the SSA rate with FERS was $1,832.90 and without 

FERS was $643.60. Beginning December 1, 2018, the SSA rate with FERS was $1,884.20 and 

without FERS was $661.60. Beginning December 1, 2019, the SSA rate with FERS was $1,914.30

and without FERS was $672.10. Beginning July 1, 2020, the SSA rate with FERS was $1,914.30

and without FERS was $672.10. At the bottom of the FERS/SSA dual benefits calculation form, 

SSA indicated that appellant was entitled to SSA retirement benefits “from May 2013 to 

November 2015” and “from December 2016 to [p]resent.” SSA noted that “[i]n between that 

time,” she was entitled to SSA disability benefits, and that the FERS/SSA dual benefit offset 

applied for the periods in which she received SSA retirement benefits.

On September 4, 2020 OWCP prepared a FERS offset calculation based on the SSA

documentation wherein it noted the calculation of appellant’s overpayment from May 1, 2013 

through August 15, 2020.3 It determined that: during the period May 1, 2013 through 

November 30, 2013, she received an overpayment in the amount of $5,931.09; during the period 

December 1, 2013 through November 30, 2014, appellant received an overpayment in the amount 

of $10,267.73; during the period December 1, 2014 through November 30, 2015, appellant 

received an overpayment in the amount of $10,442.21; during the period December 1, 2016

through November 30, 2017, appellant received an overpayment in the amount of $14,030.44; 

during the period December 1, 2017 through November 30, 2018, appellant received an 

overpayment in the amount of $14,310.81; during the period December 1, 2018 through 

November 30, 2019, appellant received an overpayment in the amount of $14,711.51; and during 

the period December 1, 2019 through August 15, 2020, appellant received an overpayment in the 

amount of $10,606.48. The total overpayment was determined to be $80,300.26. 

On September 8, 2020 OWCP issued a preliminary overpayment determination, finding

that an overpayment of compensation in the amount of $90,771.08 had been created because the 

SSA/FERS offset was not applied to payments for the period May 1, 2013 through 

August 15, 2020. It determined that: during the period May 1 through November 30, 2013, 

appellant received an overpayment in the amount of $5,931.09; during the period De cember 1, 

2013 through November 30, 2014, appellant received an overpayment in the amount of 

$10,267.73; during the period December 1, 2014 through November 30, 2016, appellant received 

an overpayment in the amount of $20,913.03; during the period De cember 1, 2016 through 

November 30, 2017, appellant received an overpayment in the amount of $14,030.44; during the 

period December 1, 2017 through November 30, 2018, appellant received an overpayment in the 

amount of $14,310.81; during the period December 1, 2018 through November 30, 2019, appellant 

received an overpayment in the amount of $14,711.51; and during the period December 1, 2019 

through August 15, 2020, appellant received an overpayment in the amount of $10,606.48.

3 The worksheet notes that the overpayment calculations were certified as correct.
4

OWCP determined that appellant was without fault in the creation of the overpayment 

because she relied on misinformation given in writing by OWCP or another government agency,

which she had reason to believe was connected with the administration of benefits. It requested 

that she submit a completed overpayment recovery questionnaire (Form OWCP-20) to determine 

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

overpayment. OWCP further requested financial information, including copies of income tax 

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

expenses. It further notified 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. 

In response, appellant provided a Form OWCP-20 signed on September 16, 2020 

requesting a prerecoupment hearing.4 She contended that the overpayment should be waived as

she was found without fault in the creation of the overpayment and she had fully and accurately 

reported all SSA benefits to OWCP. Appellant noted monthly household income in the amount 

of $4,732.00, including $1,769.00 in SSA benefits, $1,119.00 from her spouse who resided with 

her, and $1,844.00 in FECA compensation. She listed monthly expenses of $1,910.00, including 

$270.00 in rent or mortgage, $400.00 for food, $200.00 for clothing, $371.00 for utilities, $300.00 

in miscellaneous expenses, $239.00 for a telecommunications package, and $130.00 in debt 

repayment. Appellant also listed assets of $500.00 cash, noting that she would not disclose her 

checking or savings account balances. She asserted that she did not own stocks, bonds, or valuable 

personal property. In an attached statement, appellant noted that she had a Thrift Savings Plan 

account, but did not disclose the account balance. She did not submit documentation of her 

income, assets, or expenses. 

By decision dated February 12, 2021, an OWCP hearing representative finalized that the 

September 8, 2020 preliminary overpayment determination that appellant had received an 

overpayment of compensation in the amount of $90,771.08 for the period May 1, 2013 through 

August 15, 2020, because OWCP had failed to offset her compensation payments by the portion 

of her SSA benefits that were attributable to federal service and that appellant did not have actual 

knowledge of the calculation error. The hearing representative further found that she was without 

fault in the creation of the overpayment, but denied waiver of recovery of the overpayment because 

the evidence of record failed to establish that recovery of an overpayment would defeat the purpose 

of FECA as her monthly income exceeded her reported monthly expenses by more than $50.00.

Additionally, appellant did not submit written documentation to support her assets, income, and 

expenses. The hearing representative further found that recovery of the overpayment would not 

be against equity and good conscience as appellant had not shown that she would experience severe 

financial hardship in attempting to repay the debt, and that she had not asserted detrimental 

4

In a notice dated November 10, 2020, OWCP’s Branch of Hearings and Review notifiedappellant that a telephonic 

hearing would be conducted in her case on January6, 2021 at 12:00 p.m.,Eastern Standard Time (EST) and provided 

the call-in number and passcode. In a telephone memorandum (Form CA-110) dated January 7, 2021, OWCP’s 

Branch of Hearings and Review noted that she had left a voice mail message at 3:04 p.m. EST indicating that she 

thought that the hearing was scheduled from 12:00 p.m. Pacific Standard Time. As the hearing could not be 

rescheduled, the Branch of Hearings and Review conducted a review of the written record. 
5

reliance. OWCP’s hearing representative required recovery of the overpayment by deducting 

$457.36 every 28 days from appellant’s continuing compensation payments.

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.5 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.6

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

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

to federal service of the employee.7 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.8 

ANALYSIS -- ISSUE 1

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

of compensation.

The evidence of record indicates that, while appellant was receiving wage-loss 

compensation benefits under FECA, she was also receiving SSA age-related retirement benefits 

that were attributable to her federal service without appropriate offset. A claimant cannot 

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

attributable to federal service for the same period.9 Consequently, fact of overpayment has been

established.10

The Board further finds, however, that this case is not in posture for decision regarding the 

period(s) and amount of overpayment.

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

benefits that were attributable to federal service must be calculated. OWCP received 

5

5 U.S.C. § 8102(a).

6

Id. at § 8116.

7

20 C.F.R. § 10.421(d); M.R., Docket No. 20-1622 (issued June 30, 2021); S.S., Docket No. 19-1945 (issued 

March 25, 2021); see S.O., Docket No. 18-0254 (issued August2, 2018); L.J., 59 ECAB 264 (2007).

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

9

Supra note 6. M.R., supra note 7; M.R., Docket No. 20-0427 (issued October 30, 2020). See also N.B., Docket 

No. 18-0795 (issued January 4, 2019); A.C., Docket No. 18-1550 (issued February 21, 2019).

10 See K.H., Docket No. 18-0171 (issued August 2, 2018).
6

documentation from SSA with respect to the specific amount of SSA age-related retirement 

benefits that were attributable to federal service. SSA provided age-related retirement benefitrates

with and without FERS for specific periods commencing May 1, 2013 through August 15, 2020. 

SSA also indicated, in the remarks section of the form, that appellant was entitled to SSA agerelated retirement benefits “from May 2013 to November 2015” and “from December 2016 to 

[p]resent.” SSA noted that “[i]n between that time,” appellant was entitled to SSA disability 

benefits, and that the FERS/SSA dual benefit offset applied for the periods in which appellant 

received SSA age-related retirement benefits. On September 8, 2020 OWCP issued a preliminary 

overpayment determination, finding an overpayment in the amount of $90,771.08. However, it

failed to exclude appellant’s receipt of SSA disability benefits from the overpayment period and 

amount. OWCP, by decision dated February 12, 2021, finalized the preliminary overpayment 

determination.

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

OWCP shall determine the proper period(s) and amount of overpayment of compensation. Itshall 

then issue a new preliminary overpayment determination, with an overpayment action request 

form, a Form OWCP-20, and instructions for appellant to provide supporting financial 

information. After 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 because she concurrently received SSA age-related retirement benefits while also 

receiving FECA benefits without an appropriate offset. The Board further finds that the case is 

not in posture for decision with respect to the period(s) and amount of the overpayment.

11 In light of the Board’s disposition regarding Issue 1, Issues 2 and 3 are rendered moot.
7

ORDER

IT IS HEREBY ORDERED THAT the February 12, 2021 merit decision of the Office 

of Workers’Compensation Programs is affirmedin part and set aside in part. The case is remanded 

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

Issued: December 16, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board