United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

E.H., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Baltimore, MD, Employer

__________________________________________

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Docket No. 23-0138

Issued: December 14, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On October 28, 2022 appellant filed a timely appeal from a May 5, 2022 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 $2,525.94 for the period July 1, 2011 through 

May 22, 2021, for which he was without fault, because he concurrently received FECA wage-loss 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that following the May 5, 2022 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

compensation and Social Security Administration (SSA) age-related retirement benefits, without 

an appropriate offset; and (2) whether OWCP properly denied waiver of recovery of the 

overpayment; and (3) whether OWCP properly required recovery of the overpayment by deducting 

$632.14 from appellant’s continuing compensation payments every 28 days.

FACTUAL HISTORY

This case has previously been before the Board on different issues.

3

 The facts and 

circumstances of the case as set forth in the Board’s prior decisions and orders are incorporated 

herein by reference. The relevant facts are as follows.

On July 17, 1984 appellant, then a 36-year-old carrier, filed a traumatic injury claim (Form 

CA-1) alleging that on July 16, 1984 he injured his back when he fell backward while in the 

performance of duty. OWCP accepted the claim for contusions of the right hand and back. 

Appellant stopped work on July 17, 1984, returned to work for one day on July 30, 1984, and then 

stopped work and did not return. He resigned from the employing establishment on 

September 14, 1984. OWCP paid appellant wage-loss compensation on the periodic rolls.

An SF-50 dated February 12, 1990 indicated that appellant’s retirement coverage was 

FICA (Federal Insurance Contributions Act) and CSRS (Civil Service Retirement System) partial.

A June 4, 1990 SF 50 indicated that appellant’s retirement coverage was the Federal 

Employees Retirement System (FERS) and FICA. 

A September 25, 1992 SF 50B specified that appellant worked as a substitute teacher. The 

form indicated his retirement plan as FICA. 

A September 1993 SF 50B provided that appellant’s employment as a motor vehicle 

operator had been terminated as he was unable to perform the duties of his position. His retirement 

plan was FICA and another plan that is not legible. 

On March 18, 2021 OWCP sent a FERS/SSA dual benefits form to SSA for completion. 

On May 4, 2021 SSA completed a FERS/SSA dual benefits form and provided appellant’s 

monthly benefits with and without FERS from July 2011 through December 2020. SSA indicated 

that effective July 2011, appellant’s SSA rate with FERS was $337.40 and without FERS was 

$318.10; effective December 2011, his SSA rate with FERS was $349.50 and without FERS was 

$329.50; effective December 2012, his SSA rate with FERS was $355.40 and without FERS was 

$335.00; effective January 2013, his SSA rate was $355.40 with FERS and $335.00 without FERS;

effective December 2013, his SSA rate with FERS was $360.70 and without FERS was $340.00;

effective December 2014 and 2015, his SSA rate with FERS was $366.80 and without FERS was 

$345.70; effective December 2016, his SSA rate with FERS was $367.90 and without FERS was 

3 Docket No. 90-1201 (issued January 8, 1991); Docket No. 92-1525 (issued April14, 1993); Docket No. 95-1448 

(issued January 20, 1998), petition for recon. denied, Docket No. 95-1448 (issued July 29, 1998); Docket No. 03-1105 

(issued December 4, 2003); Docket No. 07-2266 (issued November 21, 2008); Order Dismissing Appeal, Docket No. 

10-681 (issued May 27, 2010); Order Dismissing Appeal, Docket No. 10-856 (issued May 27, 2010); Docket No. 10-

1958 (issued July 7, 2011); Order Dismissing Appeal, Docket No. 16-1126 (issued May 24, 2017).
3

$346.70; effective December 2017, his SSA rate with FERS was $375.20 and without FERS was 

$353.60; effective December 2018, his SSA rate with FERS was $385.60 and without FERS was 

$363.40; effective December 2019, his SSA rate with FERS was $391.70 and without FERS was 

$369.20; and effective December 2020, his SSA rate with FERS was $396.80 and without FERS 

was $373.90.

OWCP completed a FERS offset calculation form on May 26, 2021. It determined the 28-

day FERS offset amount for the days in each period from July 1, 2011 through May 22, 2021. 

OWCP found that, from July 1 through November 30, 2011, appellant received an overpayment 

of $97.35; from December 1, 2011 through November 30, 2012, he received an overpayment of 

$241.32; from December 1, 2012 through November 30, 2013, he received an overpayment of 

$245.47; from December 1, 2013 through November 30, 2014, he received an overpayment of 

$249.08; from December 1, 2014 through November 30, 2015, he received an overpayment of 

$253.90; from December 1, 2015 through November 30, 2016, he received an overpayment of 

$254.59; from December 1, 2016 through November 30, 2017, he received an overpayment of 

$255.10; from December 1, 2017 through November 30, 2018, he received an overpayment of 

$259.91; from December 1, 2018 through November 30, 2019, he received an overpayment of 

$267.13; and from December 1, 2019 through November 30, 2020, he received an overpayment 

of $271.48; and from December 1, 2020 through May 22, 2021, he received an overpayment of 

$130.61. OWCP therefore calculated a total overpayment amount of $2,525.94.

On May 26, 2021 OWCP notified appellant of its preliminary overpayment determination 

that he had received a $2,525.94 overpayment of compensation for the period July 1, 2011 through 

May 22, 2021 because he concurrently received SSA age-related retirement benefits and FECA 

wage-loss compensation without an appropriate offset. It further advised him of its preliminary 

determination that he was without fault in the creation of the overpayment. OWCP requested that 

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

a reasonable payment method. Additionally, it provided an overpayment action request form and 

notified him that, within 30 days of the date of the letter, he could request a final decision based 

on the written evidence or a prerecoupment hearing.

On June 17, 2021 appellant requested a prerecoupment hearing before a representative of 

OWCP’s Branch of Hearings and Review. There was no accompanying financial information. 

Following a preliminary review, OWCP’s hearing representative set aside the May 26, 

2021 preliminary overpayment determination. The hearing representative noted that OWCP had 

not sufficiently explained its calculation of the overpayment in the preliminary overpayment 

determination. The hearing representative remanded the case for OWCP to issue a new 

preliminary overpayment determination and obtain updated financial information from appellant.

On October 7, 2021 OWCP notified appellant of its preliminary overpayment 

determination that he had received a $2,525.94 overpayment of compensation for the period July 1, 

2011 through May 22, 2021 because he concurrently received SSA age-related retirement benefits 

and FECA wage-loss compensation, without an appropriate offset. It provided its detailed

calculation of the overpayment. OWCP further advised appellant of its preliminary determination 

that he was without fault in the creation of the overpayment. It requested that he submit a 

completed Form OWCP-20 to determine a reasonable payment method and advised that he could 
4

request waiver of recovery of the overpayment. Additionally, OWCP provided an overpayment 

action request form and notified appellant that, within 30 days of the date of the letter, he could 

request a final decision based on the written evidence or a prerecoupment hearing.

On November 5, 2021 appellant requested a prerecoupment hearing before a representative 

of OWCP’s Branch of Hearings and Review.

A telephonic prerecoupment hearing was held on February 25, 2022. Appellant asserted 

that he was under CSRS, not FERS. The hearing representative advised that Forms SF 50 dated 

June 4, 1990 and September 9, 1993 indicated that he was a FERS employee. She noted that he 

also had earlier employment where his retirement coverage was not FERS. Appellant advised that 

he worked temporarily for other Federal Government agencies. No financial information was 

received.

By decision dated May 5, 2022, OWCP’s hearing representative finalized the October 7, 

2021 preliminary overpayment determination. She determined that appellant had received a 

$2,525.94 overpayment for the period July 1, 2011 through May 22, 2021 for which he was 

without fault. The hearing representative found that he was a FICA and CSRS partial employee 

in 1986 and 1988, but subsequently worked for other Federal Government agencies in 1990, 1992, 

and 1993 as a FERS employee. She denied waiver of recovery of the overpayment, noting that 

appellant had not provided financial information. OWCP’s hearing representative noted that 

appellant’s net wage-loss compensation was $2,528.57 every 28 days. She required recovery of 

the overpayment by deducting $632.14 from appellant’s continuing compensation payments every 

28 days, or 25 percent of his net 28-day compensation.

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.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

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 benefits that are attributable to the 

employee’s federal service.6 FECA Bulletin No. 97-09 states 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.7

4

5 U.S.C. § 8102.

5

Id. at § 8116.

6

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

7 FECA Bulletin No. 97-09 (issued February 3, 1997);see also N.B., Docket No. 18-0795 (issued January 4, 2019).
5

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $2,525.94 for the period July 1, 2011 through May 22, 2021, for 

which he was without fault, because he concurrently received FECA wage-loss compensation and 

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

The case record establishes that appellant had retirement coverage under FERS during part 

of his federal employment. A June 4, 1990 SF 50 indicated that appellant had retirement coverage 

under FERS and FICA. OWCP paid appellant wage-loss compensation on the periodic rolls. 

Appellant also received SSA age-related retirement benefits beginning July 1, 2011. As noted, a 

claimant cannot receive concurrent FECA compensation for wage-loss and SSA age-related 

retirement benefits attributable to federal service without an appropriate offset.

8

 The information 

provided by SSA indicated that a portion of appellant’s SSA age-related retirement benefits were 

attributable to his federal service. Accordingly, the Board finds that fact of overpayment has been 

established.9 

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

benefits 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 appellant’s SSA age-related retirement benefit rates 

with FERS and without FERS from July 2011 through December 2020. OWCP provided its 

calculations for each relevant period based on SSA’s worksheet and determined that appellant 

received an overpayment in the amount of $2,525.94. The Board has reviewed OWCP’s detailed 

calculation of dual benefits received by appellant for the period July 1, 2011 through May 22, 2021

and finds that an overpayment of compensation in the amount of $2,525.94 was created.10

LEGAL PRECEDENT -- ISSUE 2

Section 8129 of FECA11 provides that an overpayment must be recovered unless incorrect 

payment has been made to an individual who is without fault and when adjustment or recovery 

would defeat the purpose of FECA or would be against equity and good conscience. Thus, a 

finding that appellant was without fault does not automatically result in waiver of the overpayment.

OWCP must exercise its discretion to determine whether recovery of the overpayment would 

defeat the purpose of FECA or would be against equity and good conscience. 12

8

Id. See F.K., Docket No. 20-1609 (issued June24, 2021); A.C., Docket No. 18-1550 (issued February 21, 2019).

9

See L.K., Docket No. 20-1574 (issued June23, 2021); S.H., Docket No. 20-1157 (issued December 23, 2020).

10 See J.S., Docket No. 22-0369 (issued June 7, 2022); N.B., Docket No. 20-0727 (issued January 26, 2021); L.L., 

Docket No. 18-1103 (issued March 5, 2019).

11 Supra note 1.

12 I.R., Docket No. 22-0088 (issued May 5, 2022); G.L., Docket No. 19-0297 (issued October 23, 2019).
6

According to 20 C.F.R. § 10.436, recovery of an overpayment would defeat the purpose of 

FECA if recovery would cause hardship because the beneficiary needs substantially all of his or 

her income (including compensation benefits) to meet current ordinary and necessary living 

expenses, and also, if the beneficiary’s assets do not exceed a specified amount as determined by 

OWCP from data provided by the Bureau of Labor Statistics. 13 An individual’s liquid assets 

include, but are not limited to, cash on hand, the value of stocks, bonds, savings accounts, mutual 

funds, and certificates of deposits. Nonliquid assets include, but are not limited to, the fair market 

value of an owner’s equity in property such as a camper, boat, second home, furnishings/supplies, 

vehicle(s) above the two allowed per immediate family, retirement account balances (such as 

Thrift Savings Plan or 401(k)), jewelry, and artwork.14

Section 10.437 provides that recovery of an overpayment is against equity and good 

conscience when an individual who received an overpayment would experience severe financial 

hardship attempting to repay the debt and when an individual, in reliance on such payments or on 

notice that such payments would be made, gives up a valuable right or changes her position for the 

worse.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 Appellant, 

however, has the responsibility to provide the appropriate financial information and documentation 

to OWCP.17

In its October 7, 2021 preliminary overpayment determination, OWCP explained the 

importance of providing the completed Form OWCP-20 and financial information, including 

copies of income tax returns, bank account statements, bills, pay slips, and any other records to 

support income and expenses. No response was received. OWCP, therefore, did not have the 

13 20 C.F.R. § 10.436. OWCP procedures provide that a claimant is deemed to need substantially all his or her 

current net income to meet current ordinary and necessary living expenses if monthly income does not exceed monthly 

expenses by more than $50.00. Its procedures further provide that 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) and (3) (September 2020).

14 Id. at Chapter 6.400.4b(3)(a), (b).

15 20 C.F.R. § 10.437(b)(1).

16 See J.R., Docket No. 17-0181 (issued August 12, 2020); L.S., 59 ECAB 350 (2008).

17 20 C.F.R. § 10.438; V.B., Docket No. 20-0976 (issued January 26, 2021).
7

necessary current financial information to determine if recovery of the overpayment would defeat 

the purpose of FECA or if recovery would be against equity and good conscience.18 

Consequently, the Board finds that OWCP properly denied waiver of recovery of the 

overpayment.

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. 19

Section 10.441 of OWCP’s regulations20 provides that, 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 the error is discovered or his or her attention is called to the 

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.21 

When an individual fails to provide the requested information on income, expenses and assets, 

OWCP should follow minimum collection guidelines, which state in general that government 

claims should be collected in full and that, if an installment plan is accepted, the installments 

should be large enough to collect the debt promptly.22

ANALYSIS -- ISSUE 3

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

$632.14 from appellant’s continuing compensation payments every 28 days.

While appellant requested waiver of recovery of the overpayment, he did not provide 

financial information or supporting documentation as requested by OWCP. OWCP’s regulations 

provide that the overpaid individual is responsible for submitting information about income, 

expenses, and assets as specified by OWCP.23 When an individual fails to provide the requested 

financial information, OWCP should follow minimum collection guidelines designed to collect 

the debt promptly and in full.24 OWCP’s procedures specify that, in these instances, OWCP should 

18 E.M., Docket No. 22-0081 (issued August 22, 2022); D.C., Docket No. 19-0118 (issued January 15, 2020); E.M., 

Docket No. 19-0857 (issued December 31, 2019).

19 Id. at § 10.441; see M.P., Docket No. 18-0902 (issued October 16, 2018).

20 Id. at § 10.441(a).

21 Id.; see L.G., Docket No. 19-1274 (issued July 10, 2020). 

22 C.L., Docket No. 22-0349 (issued August30, 2022); R.O., Docket No. 18-0076 (issued August 3, 2018); Gail M. 

Roe, 47 ECAB 268 (1995).

23 Id. at § 10.438l; see also A.F., Docket No. 19-0054 (issued June 12, 2019).

24 See A.S., Docket No. 19-0171 (issued June 12, 2019); Frederick Arters, 53 ECAB 397 (2002).
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set the rate of recovery at 25 percent of the 28-day net compensation amount, until the balance of 

the overpayment is paid in full.25 OWCP’s hearing representative found that OWCP paid appellant 

$2,528.57 in net wage-loss compensation every 28 days. The Board thus finds that OWCP 

properly required recovery of the overpayment by deducting $632.14 from appellant’s 

compensation payments every 28 days.26

CONCLUSION

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

of compensation in the amount of $2,525.94 for the period July 1, 2011 through May 22, 2021, for 

which he was without fault, because he 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 $632.14 from appellant’s continuing compensation payments every 

28 days.

ORDER

IT IS HEREBY ORDERED THAT the May 5, 2022 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: December 14, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

25 Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Final Overpayment Determinations, Chapter 

6.500.8c(1) (September 2018).

26 B.F., Docket No. 22-0857 (issued December 9, 2022); E.M., Docket No. 19-0857 (issued December 31, 2019).