United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

M.C., Appellant

and

U.S. POSTAL SERVICE, GATEWAY 

PROCESSING & DISTRIBUTION 

CENTER/FACILITY, Springfield, OR, Employer

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Docket No. 21-0454

Issued: December 10, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On February 2, 2021 appellant filed a timely appeal from a November 9, 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 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 $8,240.32 for which she was without fault, because 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, appellant submitted additional evidence on appeal and, following the November 9, 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 additional evidence for the first time on appeal. Id.
2

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

(SSA) age-related retirement benefits for the period January 1 through August 15, 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 overpayment by deducting $471.39 from 

appellant’s continuing compensation payments every 28 days.

FACTUAL HISTORY

On December 30, 1998 appellant, then a 43-year-old distribution clerk, filed an 

occupational disease claim (Form CA-2) alleging thatshe sustained right hand and wrist conditions 

causally related to factors of her federal employment, including performing repetitive motions

when sorting letter mail. She first noticed her condition on June 1, 1998. OWCP accepted the 

claim for right trigger finger, bilateral carpal tunnel syndrome, bilateral rupture of flexor tendons 

of hand and wrist, cellulitis of right upper and forearm, and other tenosynovitis of hand and wrist. 

Appellant stopped work on November 23, 2005 and has not returned.3 OWCP paid her wage-loss 

compensation on the periodic rolls as of May 14, 2006. 

On March 10, 2020 OWCP requested that SSA provide information as to whether appellant 

had received FERS/SSA dual benefits.

SSA completed the FERS/SSA dual benefits calculation worksheet on June 27, 2020. It 

indicated that appellant received age-related retirement benefits effective January 2020. SSA

reported that beginning January 2020 the SSA benefit rates with a FERS offset was $1,956.80 and 

without a FERS offset was $860.50. 

In an August 20, 2020 letter, OWCP notified appellant that, based on the information 

provided by SSA regarding the amount of her age-related retirement benefits, which were 

attributable to federal service, her FECA wage-loss compensation had been adjusted. It advised 

her that starting August 16, 2020 she would receive $1,011.91 in FECA wage-loss compensation 

every 28 days after the SSA offset. 

OWCP completed a FERS offset overpayment calculation worksheet on August 21, 2020. 

It calculated the overpayment amount by determining the daily FERS offset amount and then 

multiplying that amount by the number of days for the period January 1 through August 15, 2020. 

The form indicated that, from January 1 through August 15, 2020, appellant received an 

overpayment of $8,240.32. 

On September 11, 2020 OWCP issued a preliminary overpayment determination,finding 

that an overpayment of compensation in the amount of $8,240.32 had been created. It explained 

that the overpayment occurred because appellant’s SSA age-related retirement benefits that she 

received from January 1 through August 15, 2020 were partially based on credits earned while 

working for the Federal Government, and that this portion of her SSA benefit constituted a 

3 The current claim, OWCP File No. xxxxxx786, serves as the master file for appellant’s other claims, which are 

considered subsidiary files. These include OWCP File No. xxxxxx814, OWCP File No. xxxxxx786, OWCP File No. 

xxxxxx815, and OWCP File No. xxxxxx821. On appellant’s claim form dated April11, 2005 in OWCP File No. 

xxxxxx821 she noted her retirement system as Federal EmployeesRetirement System (FERS). 
3

prohibited dual benefit. OWCP found her without fault in the creation of the overpayment and 

forwarded an overpayment action request form and an overpayment recovery questionnaire (Form 

OWCP-20). It requested that appellant provide supporting financial documentation, including 

income tax returns, bank account statements, bills and cancelled checks, pay slips, and any other 

records to support her reported income and expenses. OWCP afforded her 30 days to respond. 

By decision dated November 9, 2020, OWCP finalized its preliminary overpayment 

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

$8,240.32, for the period January 1 through August 15, 2020, because it had failed to offset her

compensation payments by the portion of her SSA age-related retirement benefits that were 

attributable to her federal service. It 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 

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 $471.39 every 28 days from appellant’s continuing compensation payments. 

LEGAL PRECEDENT -- ISSUE 1

Section 8102(a) 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 his 

or her federal employment.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 When an overpayment of compensation has 

been made to an individual because of an error of fact or law, adjustment shall be made under 

regulations prescribed by the Secretary of Labor by decreasing later payments to which the 

individual is entitled.6

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

amount of compensation by the amount of SSA age-based 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 in the amount of $8,240.32 for which she was without fault, for the period 

4

5 U.S.C. § 8102(a).

5

Id. at § 8116.

6

Id. at § 8129(a).

7

20 C.F.R. § 10.421(d); see T.B., Docket No. 18-1449 (issued March 19, 2019); L.J., 59 ECAB 264 (2007).

8 FECA Bulletin No. 97-09 (February 3, 1997); see M.S.,Docket No. 20-0068 (issued May14, 2021).
4

January 1 through August 15, 2020, as she concurrently received FECA wage-loss compensation 

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

As noted, a claimant cannot receive concurrent FECA wage-loss compensation and SSA 

age-related retirement benefits attributable to federal service for the same period.9 The information 

provided by SSA established that appellant had received SSA age-related retirement benefits that 

were attributable to her federal service from January 1 through August 15, 2020. Consequently, 

the fact of the overpayment has been established.

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 

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

benefits that were attributable to federal service. SSA provided its rates with FERS and without 

FERS during the specific period January 1 through August 15, 2020. OWCP provided its 

overpayment calculations for each relevant period based on SSA’s worksheet.

The Board has reviewed OWCP’s calculation of benefits received by appellant for the 

period January 1 through August 15, 2020 and finds that an overpayment of compensation in the 

amount of $8,240.32 has been established.

LEGAL PRECEDENT -- ISSUE 2

Section 8129 of FECA provides that an individual who is without fault in creating or 

accepting an overpayment is still subject to recovery of the overpayment unless adjustment or 

recovery would defeat the purpose of FECA or would be against equity and good conscience.10

The waiver or refusal to waive an overpayment of compensation by OWCP is a matter that 

rests within OWCP’s discretion pursuant to statutory guidelines.11

Recovery of an overpayment will defeat the purpose of FECA if such recovery would cause 

hardship to a currently or formerly entitled beneficiary because the beneficiary from whom OWCP 

seeks recovery needs substantially all of his or her current income, including compensation 

benefits, to meet current ordinary and necessary living expenses, and the beneficiary’s assets do 

not exceed a specified amount as determined by OWCP. 12 Additionally, recovery of an 

overpayment is considered to be against equity and good conscience when an individual who 

9

Supra note 5; see D.W., Docket No. 20-1533 (issued May 27, 2021); M.R., Docket No. 20-0427 (issued

October 30, 2020); A.C., Docket No. 18-1550 (issued February 21, 2019); N.B., Docket No. 18-0795 (issued 

January 4, 2019).

10 5 U.S.C. § 8129; 20 C.F.R. §§ 10.433, 10.434, 10.436, and 10.437; see M.C., Docket No. 19-0699 (issued 

February12, 2020).

11 A.C., supra note 9;see Robert Atchison, 41 ECAB 83, 87(1989).

12 20 C.F.R. § 10.436. OWCP’s procedures provide that the assets must not exceed a resource base of $6,200.00 

for an individual or $10,300.00 for an individual with a spouse or dependent, plus $1,200.00 for each additional 

dependent. Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Final Overpayment Determinations,

Chapter 6.400.4a(2) (September 2020).
5

received an overpayment would experience severe financial hardship in attempting to repay the 

debt or when an individual, in reliance on such payment or on notice that such payments would be 

made, gives up a valuable right or changes his or her position for the worse. 13

OWCP’s regulations provide 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. The information is also used to 

determine the repayment schedule, if necessary.14 Failure to submit the requested information 

within 30 days of the request shall result in a denial of waiver of recovery, and no further request 

for waiver shall be considered until the requested information is furnished. 15

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. 16

The Board finds that appellant has not established that recovery of the overpayment would 

defeat the purpose of FECA because she has not provided the necessary supporting financial 

information. In its preliminary overpayment determination dated September 11, 2020, OWCP 

clearly explained the importance of providing the completed overpayment questionnaire and 

supporting financial documentation, including copies of income tax returns, bank account 

statements, bills, pay slips, and any other records to support income, expenses, and assets. 

Appellant, however, did not complete the Form OWCP-20 or provide any supporting 

documentation regarding her income, expenses, or assets. As she did not submit the information 

required under section 10.438 of OWCP’s regulations, which was necessary to determine her 

eligibility for waiver, OWCP properly denied waiver of recovery of the overpayment.

17

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. 18

13 Id. at § 10.437(a)(b).

14 Id. at § 10.438(a); M.S., Docket No. 18-0740 (issued February 4, 2019).

15 Id. at § 10.438(b).

16 Id. at. § 10.436.

17 D.C., Docket No. 19-0118 (issued January 15, 2020); see S.B., Docket No. 16-1795 (issued March 2, 2017).

18 20 C.F.R. § 10.441; see M.P., Docket No. 18-0902 (issued October 16, 2018).
6

Section 10.441(a) of OWCP s regulations19 provides in pertinent part:

“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.”

20

ANALYSIS -- ISSUE 3

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

$471.39 from appellant’s continuing compensation payments every 28 days. 

OWCP provided appellant a Form OWCP-20 with its September 11, 2020 preliminary 

overpayment determination. It afforded her the opportunity to provide appropriate financial 

information and documentation to OWCP.21 Appellant did not complete the Form OWCP-20 

overpayment recovery questionnaire or provide financial documentation to support her income 

and expenses prior to the final November 9, 2020 overpayment determination. The overpaid 

individual is responsible for providing information about income, expenses, and assets as specified 

by OWCP.22 When an individual fails to provide requested financial information, OWCP shall 

follow minimum collection guidelines designed to collect the debt promptly and in full. 23 The 

Board, therefore, finds that OWCP properly required recovery of the overpayment from 

appellant’s continuing compensation payments at the rate of $471.39 every 28 days.

CONCLUSION

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

of compensation in the amount of $8,240.32, for the period January 1 through August 15, 2020 for 

which she was without fault, as she concurrently received FECA wage-loss compensation and SSA 

age-related retirement benefits without an 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 $471.39 from her continuing compensation payments. 

19 Id. at § 10.441(a).

20 Id.; see C.M., Docket No. 19-1451 (issued March 4, 2020).

21 Id. at § 10.438.

22 Id. at § 10.438(a); see M.S., supranote 14.

23 See A.S., Docket No. 19-0171 (issued June 12, 2019); Frederick Arters, 53 ECAB 397 (2002); id.,supranote 12

at Chapter 6.400.3 (September 2020).
7

ORDER

IT IS HEREBY ORDERED THAT the November 9, 2020 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: December 10, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board