United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

R.M., Appellant

and

U.S. POSTAL SERVICE, SOUTHERN 

FLORIDA PROCESSING & DISTRIBUTION 

CENTER, Pembroke Pines, FL, Employer

__________________________________________

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Docket No. 20-0834

Issued: January 13, 2021

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On March 4, 2020 appellant, through counsel, filed a timely appeal from a January 31, 

2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the 

Federal Employees’ Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board 

has jurisdiction over the merits of this case.3 

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2 5 U.S.C. § 8101 et seq.

3 The Board notes that, following the January 31, 2020 decision, OWCP received additional evidence. 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 

evidence for the first time on appeal. Id. 
2

ISSUE

The issues are: (1) whether appellant received an overpayment of compensation in the 

amount of $160,148.00 for the period May 1, 2010 to March 30, 2019 for which she was not at 

fault, because she concurrently received 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; and (3) whether it

properly required recovery of the overpayment by deducting $500.00 from appellant’s continuing 

compensation payments every 28 days.

FACTUAL HISTORY

On April 5, 2000 appellant, then a 54-year-old clerk, filed an occupational disease claim 

(Form CA-2) alleging that she developed bilateral carpal tunnel syndrome due to factors of her 

federal employment, including keying numbers into a machine, moving mail, and picking up trays, 

packages, and boxes. On August 31, 2000 OWCP accepted the claim for bilateral carpal tunnel 

syndrome.4 Appellant stopped work and OWCP placed her on the supplemental rolls on 

November 7, 2009 and on the periodic rolls on April 11, 2010. 

A notification of personnel action (PS Form 50) dated April 29, 1993 noted appellant’s 

retirement plan as Federal Employee Retirement System (FERS).

On July 23, 2018 OWCP sent a FERS/SSA dual benefits calculation form to SSA. 

In an August 22, 2018 letter, the employing establishment requested that OWCP determine

whether appellant received an overpayment due to receiving both FECA and SSA age-related 

retirement benefits. The employing establishment noted that appellant was 73 years of age. It also 

noted that she had retired due to disability at age 65 and that her SSA benefits should have 

converted to age-related retirement benefits. 

On September 14, 2018 OWCP resent a FERS/SSA dual benefits calculation form to SSA. 

In a September 14, 2018 letter to the employing establishment, OWCP indicated that it resent a 

FERS/SSA dual benefits calculation form to SSA. 

On February 7, 2019 the employing establishment again requested that OWCP determine

whether appellant received an overpayment due to receiving both FECA and SSA age-related 

retirement benefits. On March 7, 2019 OWCP resent a FERS/SSA dual benefits calculation form 

to SSA. 

On March 19, 2019 SSA completed a FERS/SSA dual benefits calculation form. The form 

indicated that appellant received SSA age-related retirement benefits as of May 2010. It related 

that: as of May 2010 her rate with FERS was $1,358.80 and without FERS was $59.20; as of

July 2011 her SSA rate with FERS was $1,473.48 and without FERS was $59.20; as of

December 2011 her SSA rate with FERS was $1,526.40 and without FERS was $61.30; as of

December 2012 her SSA rate with FERS was $1,552.30 and without FERS was $62.30; as of 

December 2013 her SSA rate with FERS was $1,575.50 and without FERS was $63.20; as of

 

4 OWCP granted appellant a schedule award for eight percent permanent impairment of her left arm and eight 

percent impairment of her right arm. The period of the award was from August 15, 2002 to July 30, 2003.
3

December 2014 her SSA rate with FERS was $1,602.20 and without FERS was $64.20; as of

December 2016 her SSA rate with FERS was $1,607.00 and without FERS was $64.40; as of

December 2017 her SSA rate with FERS was $1,639.10 and without FERS was $65.60; and as of

December 2018 her SSA rate with FERS was $1,684.90 and without FERS was $67.40.

In a FERS offset calculation form dated April 2, 2019, OWCP documented its calculation 

of the total overpayment in the amount of $160,148.00 for the period May 1, 2010 until 

March 30, 2019. It related that: from May 1, 2010 to June 30, 2011 the amount of the 

overpayment was $18,251.53; from July 1, 2011 to November 30, 2011 the amount of the 

overpayment was $7,133.16; from December 1, 2011 to November 30, 2012 the overpayment 

$17,677.80; from December 1, 2012 to November 30, 2013 the amount of the overpayment was 

$17,929.12; from December 1, 2013 to November 30, 2014 the amount of the overpayment was 

$18,197.46; from December 1, 2014 to November 30, 2016 the amount of the overpayment was 

$37,064.11; from December 1, 2016 until November 30, 2017 the amount of the overpayment was 

$18,562.05; from December 1, 2017 until November 30, 2018 the amount of the overpayment was 

$18,933.87; from December 1, 2018 until March 30, 2019 the amount of the overpayment was 

$6,398.90. 

In an April 2, 2019 letter, OWCP explained to appellant that her FECA compensation 

would be offset by her FERS/SSA benefits. It noted that she had received SSA age-related 

retirement benefits attributable to her federal service under FERS since May 10, 2010. OWCP

informed her that as of March 31, 2019 that it would begin to offset her FERS/SSA benefits.

On June 25, 2019 OWCP issued a preliminary determination that appellant received an 

overpayment of compensation in the amount of $160,148.00 because it paid her compensation 

benefits for the period May 1, 2010 through March 30, 2019 that had not been reduced by the 

portion of her SSA age-related retirement benefits attributable to her federal service. It further 

advised that it found that she was without fault in the creation of the overpayment. OWCP 

requested that appellant complete the enclosed overpayment recovery questionnaire (Form 

OWCP-20) and submit supporting financial documentation. Additionally, it notified her 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.

A May 5, 2010 SSA application summary indicated that she reported that she was receiving 

or expecting to receive FECA benefits.

On May 17, 2010 appellant completed a SSA form indicating that she wanted to 

temporarily withdraw her application for disability/retirement benefits because she was receiving 

FECA benefits. 

On July 12, 2019 appellant, through counsel, requested a telephonic prerecoupment 

hearing. Counsel indicated that appellant was contesting the overpayment because she disagreed 

that the overpayment occurred and disagreed with the amount of the overpayment. He further 

indicated that she requested a waiver because she was found to be without fault in the creation of 

the overpayment.

On July 18, 2019 appellant again requested a prerecoupment hearing by telephone. She 

indicated that she was requesting waiver of recovery of the overpayment because she was the 

caretaker for her adult son with disabilities and did not have the means to repay the amount owed. 
4

Appellant additionally noted that she received the money in good faith and as a result of an error 

by the government. 

In a July 18, 2019 overpayment recovery questionnaire (Form OWCP-20) appellant listed 

her monthly income as including $1,549.60 in Social Security benefits, $2,584.69 in FECA 

benefits, and $1,000 in Supplemental Security Income (SSI) benefits from her son. She listed her 

total monthly income as $2,703.60. Appellant indicated that she partially supported her disabled 

43-year-old son. She listed her monthly expenses as including $1,286.49 for a mortgage, $800.00

for food, $652.87 for utilities, and $245.13 for other expenses such as medicine, life insurance, 

and care insurance. Appellant listed her other monthly debts, including credit card, funeral, and 

retail expenses, as totaling $959.51. She listed her available funds as including $20.00 in cash on 

hand and $36,272.44 in checking accounts (which she noted was home insurance money received 

following hurricane damage), and she calculated a total of $36,292.44 in available funds. 

Appellant submitted supporting financial documentation, including a checking account transaction 

record of a deposit of $13,443.59, checks for $21,617.57 and $2,972.00, a cable bill for $79.61, an 

electric bill for $200.48, retail bills for $27.00, $39.96, $27.76, and $28.00, credit card bills for 

$27.00, $27.00, $27.00, $15.00, $11.00, and $25.00, a life insurance bill for $133.13, funeral bills

for $79.45 and $81.68, a water and sewage bill for $65.49, an automobile insurance bill for 

$412.87, and a mortgage bill for $1,286.49.

In an undated letter, appellant indicated that, when she applied for SSA disability benefits,

she informed SSA that she was receiving FECA benefits, and she was told that she was entitled to 

receive both SSA and FECA benefits and that she could collect SSA benefits based on her age at 

the time, which was 65. She stated that as she was unaware of this overpayment and it was a 

government error; therefore, she should not be required to pay it back. Appellant further noted 

that the amount of the overpayment was more than she could repay in her lifetime. 

On an EN1032 form dated September 15, 2019 appellant indicated that she was receiving 

SSA benefits as part of an annuity for federal service in the monthly amount of $1,549.00.

On November 5, 2019 an OWCP hearing representative conducted an oral hearing. 

Appellant testified that she had paid off one or two of the bills she submitted as evidence, and her 

available funds had therefore decreased.

Appellant submitted an updated Form OWCP-20 dated November 20, 2019. She listed her 

monthly income as including $1,549.00 in SSA benefits and $1,004.00 in her son’s SSI benefits, 

and she calculated a total monthly income of $2,553.00. Appellant listed her monthly expenses as 

including $1,286.49 for a mortgage, $500.00 for food, $120.92 for clothing, $499.63 for utilities, 

and she calculated a total of $1,930.15 in monthly expenses. For other monthly debts, she listed 

$139.27, $802.39, $670.37, and $83.99 for retail store debt, $223.10 for credit card debt, $70.00 

for car insurance, $20.00 for gasoline, and $5.00 for “tag” [sic]. Appellant indicated that she had 

$20.00 in cash on hand, $718.08 in a checking account, and $33,638.44 in a savings account, and 

she calculated her total available funds as $34,374.72. 

By decision dated January 31, 2020, an OWCP hearing representative finalized OWCP’s 

preliminary determination that appellant had received an overpayment of compensation in the 

amount of $160,148.00 for the period May 1, 2010 through March 30, 2019 because a portion of 

her SSA age-related retirement benefits were based on credits earned in federal service, resulting 

in a prohibited dual benefit. OWCP further found that appellant was without fault in the creation 
5

of the overpayment, but denied waiver of recovery because based on appellant’s submitted 

financial information, collecting $500.00 a month would not defeat the purpose of FECA or be 

against equity good conscience. It required recovery of the overpayment by deducting $500.00 

from appellant’s continuing compensation payments every 28 days.

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 the 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.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 this case is not in posture for decision. 

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 

based upon her federal service. 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.9 The information provided to OWCP by SSA established that 

appellant received SSA age-related retirement benefits that were attributable to federal service.

Consequently, the fact of overpayment has been established.

While SSA indicated in its March 19, 2019 dual benefits calculation form that appellant 

started receiving SSA benefits in May 2010, it did not specify the exact date appellant started 

receiving the benefits. In a FERS offset calculation form dated April 2, 2019, OWCP documented 

its calculation of the total overpayment in the amount of $160,148.00 for the period May 1, 2010 

until March 30, 2019. It related that, during the period from May 1, 2010 to June 30, 2011, the 

amount of the overpayment was $18,251.53. However, in a letter to appellant also dated April 2, 

 

5 5 U.S.C. § 8102(a)

6

Id. at § 8116.

7 20 C.F.R. § 10.421(d); see L.W., Docket No. 19-0787 (issued October 23, 2019); S.M., Docket No. 17-1802 

(issued August 20, 2018).

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

9 Supra note 7. 
6

2019, OWCP indicated that she had been receiving SSA age-related retirement benefits since 

May 10, 2010. 

This case will therefore be remanded for OWCP to seek clarification from SSA regarding 

the exact date that appellant began to receive SSA age-based retirement benefits. It shall then 

issue a new preliminary overpayment determination explaining the calculation of the overpayment, 

with an overpayment action request form, Form OWCP-20, and instructions for appellant to 

provide supporting financial documentation. After this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.10

CONCLUSION

The Board finds that this case is not in posture for decision. 

ORDER

IT IS HEREBY ORDERED THAT the January 31, 2020 decision of the Office of 

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

for further proceedings consistent with this decision of the Board.

Issued: January 13, 2021

Washington, DC

Alec J. Koromilas, 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

 

10 In light of the Board’s disposition of issue 1, the issues of waiver and recovery of overpayment are rendered 

moot.