United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

B.C., Appellant

and

DEPARTMENT OF THE NAVY, NAVAL AIR 

STATION PATUXENT RIVER,

Patuxent River, MD, Employer

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Docket No. 20-0669

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 January 31, 2020 appellant filed a timely appeal from a November 25, 2019 merit 

decision and a January 23, 2020 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.

ISSUES

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

overpayment of compensation in the amount of $32,183.24, for which he was without fault, 

because he concurrently received FECA wage-loss compensation and Social Security 

Administration (SSA) age-related retirement benefits for the period June 1, 2015 through March 1, 

2019, 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 

$2,000.00 from appellant’s continuing compensation payments every 28 days; and (4) whether 

1

5 U.S.C. § 8101 et seq.
2

OWCP properly denied appellant’s request for a hearing before itsBranch of Hearings and Review

pursuant to 5 U.S.C. § 8124(b).

FACTUAL HISTORY

On February 18, 2000 appellant, then a 46-year-old systems accountant, filed a traumatic 

injury claim (Form CA-1) alleging that on February 12, 2000 he sustained a neck injury due to 

slipping and falling at a bowling alley when he was on travel duty status while in the performance 

of duty. He stopped work on March 6, 2000. OWCP accepted appellant’s claim for aggravation 

of cervical stenosis with myelopathy, Brown-Sequard syndrome of the cervical spine, and 

myelomalacia of the cervical spine. It paid him wage-loss compensation for disability from work 

on the periodic rolls commencing June 16, 2002. 

In a form signed on February 6, 2013, appellant elected to receive FECA compensation 

instead of compensation under the Federal Employees’ Retirement System (FERS) or the Civil 

Service Retirement System. 

On March 13, 2019 OWCP provided a dual benefits calculation form to SSA with a 

computation period listed as June 1, 2015 to present. On March 15, 2019 SSA completed the dual 

benefits calculation form, which listed appellant’s SSA age-related retirement benefit rates with 

and without a FERS offset from June 2015 through December 2018 as follows: beginning 

June 2015, the SSA rate with FERS was $2,114.00 and without FERS was $1,418.70; beginning 

December 2016 the SSA rate with FERS was $2,120.30 and beginning December 2015 the SSA 

rate without FERS was $1,418.70; beginning December 2017 the SSA rate with FERS was 

$2,162.70 and beginning December 2016 the SSA rate without FERS was $1,422.90; beginning 

April 2018 the SSA rate with FERS was $2,162.70 and beginning December 2017 the SSA rate 

without FERS was $1,451.30; and beginning December 2018 the SSA rate with FERS was 

$2,223.20 and without FERS was $1,491.90. 

On April 23, 2019 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it noted the calculations of appellant’s overpayment from June 1, 2015 through 

March 30, 2019. It determined: during the period June 1 through November 30, 2016, appellant 

received an overpayment of $12,584.17; for the period December 1, 2016 through November 30, 

2017, appellant received an overpayment of $8,442.33; for the period December 1, 2017 through 

March 31, 2018, appellant received an overpayment of $2,951.07; for the period April 1 through 

November 30, 2018, appellant received an overpayment of $5,722.47; and for the period 

December 18, 2018 through March 30, 2019, appellant received an overpayment of $2,483.21. 

The total overpayment was determined to be $32,183.24.

Also on April 23, 2019 OWCP prepared a “corrected copy” FERS offset overpayment 

calculation worksheet wherein it noted the calculations of appellant’s overpayment from June 1, 

2015 through March 30, 2019. It determined: during the period June 1 through November 30, 

2016, appellant received an overpayment of $12,584.17; for the period December 1, 2016 through 

November 30, 2017, appellant received an overpayment of $8,442.33; for the period December 1, 

2017 through March 31, 2018, appellant received an overpayment of $2,951.07; for the period 

April 1 through November 30, 2018, appellant received an overpayment of $5,722.47; and for the 

period December 1, 2018 through March 30, 2019, appellant received an overpayment of 

$2,893.05. The total overpayment was determined to be $32,593.09. 
3

On May 6, 2019 OWCP issued a preliminary overpayment determination in the amount of

$32,593.09 for the period June 1, 2015 through March 30, 2019, because appellant received SSA 

age-related retirement benefits attributable to his federal service, without an appropriate offset, 

while he received FECA compensation benefits. It also determined that he was without fault in 

the creation of the overpayment. OWCP requested that appellant submit a completed overpayment 

recovery questionnaire (Form OWCP-20), with supporting financial documentation, to determine 

a reasonable rate of recovery, and advised him that he could request waiver of recovery of the 

overpayment. It informed him that he could submit additional evidence in writing or at a 

prerecoupment hearing, but that a prerecoupment hearing must be requested within 30 days of the 

date of the written notice of overpayment. 

Appellant submitted an overpayment action request form, signed on May 13, 2019, in 

which he requested that OWCP render a final overpayment decision based on the written evidence 

of record. He further requested waiver of recovery of the overpayment. Appellant submitted an 

unsigned overpayment recovery questionnaire in which he listed $8,246.00 in monthly income and 

$8,575.00 in monthly expenses without explanation of these figures. He also submitted a number 

of financial documents, including SSA payment records, utility bills, mortgage statements, credit 

card bills, and bank statements. These documents revealed that appellant had $9,185.00 in 

monthly income, comprised of FECA benefits and SSA benefits for himself and his wife. In a 

May 23, 2019 statement, he asserted that on May 29, 2018 he entered into a mortgage agreement 

with the lending institution to buy and move into a new house. Appellant claimed that he incurred 

monthly interest payments of approximately $3,000.00 in detrimental reliance on the level of 

benefits he had been receiving for three years. He maintained that he would not have incurred the 

debt if he had known that the level of his benefits would not be stable. Appellant also asserted that 

SSA had been paying him an improper amount of compensation.

In an October 22, 2019 letter, OWCP acknowledged the receipt of financial documentation

from appellant, but noted that he had minimally completed the provided Form OWCP-20 

overpayment recovery questionnaire. It afforded him 30 days to provide additional information. 

No response was received. 

By decision dated November 25, 2019, OWCP finalized the preliminary overpayment 

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

$32,183.24, for the period June 1, 2015 through March 1, 2019, because he received SSA 

retirement benefits based on his age and attributable to his federal service, without an offset being 

made, while he received FECA compensation benefits.2 It further found that he was without fault 

in the creation of the overpayment, but denied waiver of recovery because his monthly income 

exceeded his monthly expenses by more than $50.00. OWCP found that the financial 

documentation submitted by appellant revealed that he had $9,185.00 in monthly income, 

comprised of $5,902.00 in FECA benefits, $2,344.00 in SSA benefits for himself, and $939.50 in 

SSA benefits for his wife. The financial documents and other information showed that he had 

$6,796.00 in monthly expenses, comprised of $4,003.00 for mortgage/tax payment, $535.00 for 

food, $300.00 for gas/car expenses, and $1,958.00 for other expenses (unreimbursed medical 

expenses, insurance, utilities, and household expenses). It required recovery of the overpayment 

by deducting $2,000.00 from appellant’s continuing compensation payments every 28 days.

2 The period and amount of the overpayment were modified from the preliminary overpayment determination.
4

In a December 17, 2019 letter, appellant requested a hearing before a representative of 

OWCP’s Branch of Hearings and Review with regard to OWCP’s overpayment determination. 

By decision dated January 23, 2020, OWCP denied appellant’s hearing request. It found 

that he was allowed 30 days from the May 6, 2019 preliminary overpayment determination to 

request a hearing before a representative of OWCP’s Branch of Hearings and Review, but that he

did not request such a hearing regarding the preliminary overpayment determination. OWCP 

advised that on November 25, 2019 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 for the 

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

performance of his or her duty.3 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.4 

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.5 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. 6

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, he was also receiving SSA age-related retirement benefits 

that were attributable to his federal service without an 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.7 Consequently, fact of overpayment has been

established.8

3

5 U.S.C. § 8102.

4

Id. at § 8116.

5

20 C.F.R. § 10.421(d); see S.M., Docket No. 17-1802 (issued August20, 2018).

6 FECA Bulletin No. 97-09 (issued February3, 1997); see also N.B., Docket No. 18-0795 (issued January 4, 2019).

7 M.R., Docket No. 20-0427 (issued October 30, 2020). See also N.B., id.; A.C., Docket No. 18-1550 (issued 

February21, 2019).

8

See K.H., Docket No. 18-0171 (issued August 2, 2018).
5

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 a dual 

benefits calculation form from SSA with respect to the specific amount of SSA age-related 

retirement benefits that were attributable to federal service. Based upon this information, OWCP 

created a FERS offset overpayment calculation worksheet calculating a total overpayment amount.

The information provided by SSA on the dual benefits calculation form contains five 

periods in which corresponding SSA rates with and without FERS are compared. The form notes 

that beginning June 2015, the SSA rate with FERS was $2,114.00 and without FERS was 

$1,418.70; beginning December 2016 the SSA rate with FERS was $2,120.30 and beginning 

December 2015 the SSA rate without FERS was $1,418.70; beginning December 2017 the SSA 

rate with FERS was $2,162.70 and beginning December 2016 the SSA rate without FERS was 

$1,422.90; beginning April 2018 the SSA rate with FERS was $2,162.70 and beginning 

December 2017 the SSA rate without FERS was $1,451.30; and beginning December 2018 the 

SSA rate with FERS was $2,223.20 and without FERS was $1,491.90. As three of these five 

periods reflect incongruent dates, an accurate comparison cannot be made between the SSA agerelated retirement benefit rates with and without FERS. 

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

OWCP shall obtain clarification from SSA regarding appellant’s exact age-related retirement 

benefit rates and their proper periods. It then shall determine the proper period(s) and amount of 

overpayment of compensation and issue a new preliminary overpayment determination, with an 

overpayment action request form, a new Form OWCP-20, and instructions for him to provide 

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

deemed necessary OWCP shall issue a de novo decision.9

CONCLUSION

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

of compensation because he 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 and amount of the overpayment. 

ORDER

IT IS HEREBY ORDERED THAT the November 25, 2019 decision of the Office of 

Workers’ Compensation Programs is affirmed in part and set aside in part. The January 23, 2020 

9

In light of the Board’s disposition regarding Issue 1, Issues 2, 3, and 4 are rendered moot.
6

decision of 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: 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