United States Department of Labor

Employees’ Compensation Appeals Board

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R.L., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Coppell, TX, Employer

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Docket No. 20-1333

Issued: May 13, 2021

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, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On June 11, 2020 appellant filed a timely appeal from an April 16, 2020 merit decision of 

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

docketed the appeal as No. 20-1333.

On October 8, 1997 appellant, then a 49-year-old tractor trailer operator, filed an 

occupational disease claim (Form CA-2) alleging that he sustained a hip and leg condition due to 

factors of his federal employment. OWCP initially accepted his claim for aggravation of lower 

back degenerative disc disease. It later expanded the acceptance of the claim to include left elbow 

lateral epicondylitis.

A notification of personnel action PS Form-50, dated October 21, 1999, indicated that 

appellant was under the Civil Service Retirement System (CSRS).

 

1 The Board notes that, following the April 16, 2020 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

On September 5, 2019 the Social Security Administration (SSA) forwarded a Federal 

Employees Retirement System (FERS)/SSA dual benefits calculation form to OWCP. The form 

indicated that: beginning February 2014, appellant’s SSA rate with FERS was $1,763.70 and 

without FERS was $1,022.20; beginning December 2014, his SSA rate with FERS was $1,763.70 

and without FERS was $1,039.50; beginning December 2015, his SSA rate with FERS was 

$1,793.60 and without FERS was $1,039.50; beginning December 2016, his SSA rate with FERS 

was $1,798.90 and without FERS was $1,042.60; beginning December 2017, his SSA rate with 

FERS was $1,834.80 and without FERS was $1,063.40; and beginning December 2018, his SSA 

rate with FERS was $1,886.10 and without FERS was $1,093.10.

On December 17, 2019 OWCP issued a preliminary overpayment determination, finding 

that an overpayment of compensation in the amount of $52,595.95 had been created because 

appellant concurrently received SSA age-related retirement benefits and Federal Employees’

Compensation Act (FECA) benefits for the period February 1, 2014 through November 9, 2019

without an appropriate offset. It found appellant not at fault in the creation of the overpayment 

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

(Form OWCP-20). OWCP requested that he provide supporting financial documentation 

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

any other records to support his reported income and expenses. It afforded appellant 30 days to 

submit the requested information. No response was received.

In a letter dated January 23, 2020, OWCP requested that the Office of Personnel 

Management (OPM) advise of appellant’s retirement system as a result of his federal civilian 

service. It requested calculations of his SSA benefits with and without offset if he was covered 

under the CSRS or the FERS system.

On April 16, 2020 OPM responded to OWCP’s request, noting that appellant’s gross 

monthly annuity was $1,133.00 and his offset was $391.61. It did not respond as to appellant’s 

retirement system.

By decision dated April 16, 2020, OWCP finalized its preliminary overpayment 

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

$52,595.95, for the period February 1, 2014 through November 9, 2019, because it had failed to 

offset his compensation payments by the portion of his SSA age-related retirement benefits that 

were attributable to his federal service. It further found that he 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 $200.00 every 28 days from appellant’s continuing compensation 

payments.

The Board, having duly considered this matter, finds that OWCP failed to properly develop 

the underlying issue of what portion of appellant’s SSA age-related retirement benefits were 

attributable to federal employment.2

 

2

J.L., Docket No. 19-1806 (issued July 29, 2020).
3

OWCP’s procedures provide that an overpayment occurs when FECA compensation is not 

reduced by the FERS/FECA offset amount. Since the 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.3 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.4 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.5 In identifying the fact and amount of an overpayment of compensation following a 

claimant’s receipt of age-related SSA retirement compensation, the Board has observed that 

OWCP uses a FERS Offset Calculation Worksheet.6 This calculation worksheet is sent 

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

to the effective date and rate of SSA benefits without FERS and the effective date and rate 

of SSA benefits with FERS.7 Following receipt of the purported SSA calculations, a preliminary 

determination of overpayment is issued if a prohibited dual benefit was received.8

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 CSRS. Other 

federal employees are not entitled 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. Therefore, the information 

solicited on the FERS Offset Calculation 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.

Herein, the evidence of record does not establish that appellant was enrolled in FERS. The 

case record contains election of benefits documents indicating that appellant was covered under 

the CSRS offset, not FERS. The Board, therefore, finds that the April 16, 2020 decision must be 

reversed.

 

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

Chapter 6.200.1 (h), (September 2018).

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

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

6

Id.

7

Id.

8 Supra note 2.
4

IT IS HEREBY ORDERED THAT the April 16, 2020 decision of the Office of Workers’

Compensation Programs is reversed.

Issued: May 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