United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

A.V., Appellant

and

U.S. POSTAL SERVICE, CHESTNUT POST 

OFFICE, Union, NJ, Employer

__________________________________________

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Docket No. 20-0774

Issued: June 10, 2021

Appearances: Case Submitted on the Record

Bruce H. Didriksen., for the appellant1

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 18, 2020 appellant, through counsel, filed a timely appeal from a 

November 20, 2019 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 November 20, 2019 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

ISSUES

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

amount of $4,547.14, for which he was without fault, for the period February 1, 2016 through 

June 22, 2019, because he concurrently received FECA wage-loss compensation 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 $668.85 from appellant’s continuing 

compensation payments every 28 days.

FACTUAL HISTORY

On July 9, 2007 appellant, then a 57-year-old mail carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on July 7, 2007 he injured his lower back when he picked up items 

weighing more than 10 pounds while in the performance of duty.4 He stopped work on 

July 9, 2007. OWCP accepted his claim for lumbosacral sprain with right radiculitis and 

aggravation of preexisting lumbar disc protrusions. It subsequently expanded acceptance of 

appellant’s claim to include thoracic/lumbosacral neuritis. OWCP paid appellant wage-loss 

compensation on the supplemental rolls, effective August 23, 2007, and placed him on the periodic

rolls, effective June 8, 2008.

On April 4, 2019 OWCP provided SSA with a Federal Employees Retirement System 

(FERS)/SSA dual benefits calculation form. It listed the computation period as 1981 to the present.

On April 17, 2019 SSA completed the dual benefits calculation form. The SSA provided 

appellant’s monthly SSA age-related retirement benefit rates beginning February 2016 that both 

included and excluded appellant’s FERS contributions. The form indicated that: beginning 

February 2016, his SSA rate with FERS was $1,995.00 and without FERS was $1,885.00; 

beginning December 2016, his SSA rate with FERS was $2,001.00 and without FERS was 

$1,891.00; beginning December 2017, his SSA rate with FERS $2,041.00 and without FERS was 

$1,929.00; and beginning December 2018, his SSA rate with FERS was $2,098.00 and without 

FERS was $1,983.00.

By letter dated July 5, 2019, OWCP informed appellant that the portion of SSA age-related 

retirement benefits attributable to his federal service would be deducted from his 28-day periodic 

rolls compensation payments.

On July 2, 2019 SSA completed another dual benefits calculation form with updated 

amounts. It provided corresponding monthly SSA benefits rates beginning February 2016 that 

both included and excluded appellant’s FERS contributions. The form indicated that: beginning 

February 2016, his SSA rate with FERS was $1,995.00 and without FERS was $1,887.00; 

beginning December 2016, his SSA rate with FERS was $2,001.00 and without FERS was 

$1,892.00; beginning December 2017, his SSA rate with FERS $2,041.00 and without FERS was 

 

4 The record reflects that appellant was working full-time, modified duty due to a previously accepted claim. Under 

File No. xxxxxx650, OWCP accepted appellant’s traumatic injury claim for a lumbar sprain causally related to a 

September 19, 2005 employment incident. This claim has not been administratively combined by OWCP with the 

current claim. (RD 7/26/07; 9/18/08)
3

$1,930.00; and beginning December 2018, his SSA rate with FERS was $2,098.00 and without 

FERS was $1,984.00.

In a FERS offset calculation form dated September 24, 2019, OWCP used the information 

provided by SSA to calculate the 28-days’ FERS offset for the relevant periods, and calculated a 

total overpayment in the amount of $4,547.14. It found that: for the period February 1, through 

November 30, 2016, appellant received an overpayment of $1,102.42; for the period December 1, 

2016 through November 30, 2017, appellant received an overpayment of $1,323.63; for the period 

December 1, 2017 through November 30, 2018, appellant received an overpayment of $1,347.69; 

and for the period December 1, 2018 through June 22, 2019, appellant received an overpayment 

of $773.41.

On September 24, 2019 OWCP issued a preliminary determination that appellant received 

an overpayment of compensation in the amount of $4,547.14, for the period February 1, 2016 

through June 22, 2019, because it had failed to reduce his wage-loss compensation benefits by the 

portion of his SSA age-related retirement benefits that were attributable to federal service. It 

determined that he was without fault in the creation of the overpayment and provided a calculation 

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

recovery questionnaire (Form OWCP-20), to determine a reasonable repayment method, and 

advised him that he could request waiver of recovery of the overpayment. It requested financial 

information, including copies of income tax returns, bank account statements, bills, pay slips, and 

any other records to support income and expenses. OWCP further notified him that within 30 days 

of the date of the letter he could request a teleconference, a final decision based on the written 

evidence, or a prerecoupment hearing. No response was received.

By decision dated November 20, 2019, OWCP finalized the preliminary overpayment 

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

of $4,547.14 for the period February 1, 2016 through June 22, 2019 because he concurrently 

received SSA age-related retirement benefits and FECA wage-loss compensation without 

appropriate offset. It also found that appellant was without fault in the creation of the overpayment, 

but denied waiver of recovery of the overpayment because he had not completed and returned the 

Form OWCP-20. OWCP required recovery of the overpayment by deducting $668.85 from 

appellant’s continuing compensation payments every 28 days.

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.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 OWCP’s implementing regulations requires that OWCP reduce the 

amount of compensation by the amount of any SSA age-related retirement benefits that are 

 

5 5 U.S.C. § 8102(a).

6

Id. at § 8116.
4

attributable to the employee’s federal service.7 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.8

ANALYSIS -- ISSUE 1

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

of compensation for the period February 1, 2016 through June 22, 2019 because he concurrently 

received FECA wage-loss compensation and SSA age-related retirement benefits without an 

appropriate offset.

As noted, 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. The receipt of FECA benefits and federal retirement concurrently is a prohibited 

dual benefit.9 In this case, OWCP was notified by SSA in a form received by OWCP on April 22, 

2019 and again on July 10, 2019 that appellant had concurrently received FECA benefits and SSA 

age-related retirement benefits attributable to his federal service without a proper offset for the 

period February 1, 2016 through June 22, 2019. Consequently, the fact of overpayment has been 

established.

Although the Board finds that the fact of overpayment has been established, the Board 

further finds that the case is not in posture for decision with respect to the amount of the 

overpayment. On April 17, 2019 OWCP received a completed FERS/SSA dual benefits 

calculation form that contained corresponding monthly SSA benefits rates beginning 

February 2016 that both included and excluded appellant’s FERS contributions. However, on 

July 2, 2019 OWCP received another completed FERS/SSA dual benefits calculation form, which 

contained different amounts for the SSA rate without FERS. The Board has held that, in 

overpayment cases, it is essential that OWCP provide the recipient of compensation with a clear 

statement showing how the overpayment was calculated.10 In this case, however, the Board finds 

that OWCP has not adequately explained how the overpayment was determined in light of the 

discrepancies in the evidence provided by SSA regarding the different amounts of appellant’s 

monthly SSA rates without the FERS offset. As such, the Board is unable to verify that appellant 

received an overpayment of compensation in the amount of $4,547.14.11

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

OWCP shall determine the proper amount of the overpayment of compensation based on the 

correct rates provided by SSA for the period during which the overpayment occurred. It shall then 

 

7 20 C.F.R. § 10.421(d); see S.M., Docket No. 17-1802 (issued August 20, 2018); L.J., 59 ECAB 264 (2007).

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

9 Supra note 8.

10 A.P., Docket No. 19-1671 (issued February 22, 2021); J.M., Docket No. 18-1505 (issued June 21, 2019); 

Teresa A. Ripley, 56 ECAB 528 (2005).

11 See S.H., Docket No. 20-1189 (issued January 27, 2021); see also E.T., Docket No. 19-1046 (issued 

December 31, 2019).
5

issue a new preliminary overpayment determination, with an overpayment action request form, a 

Form OWCP-20, and instructions for appellant to provide supporting financial information. After 

this, and other such further development as deemed necessary, OWCP shall issue a de novo 

decision.12

CONCLUSION

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

of compensation for the period February 1, 2016 through June 22, 2019 because he concurrently 

received FECA wage-loss compensation and SSA age-related retirement benefits without an 

appropriate offset. The Board further finds that the case is not in posture for decision with respect 

to the amount of the overpayment.

ORDER

IT IS HEREBY ORDERED THAT the November 20, 2019 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded to OWCP for further 

proceedings consistent with this decision of the Board.

Issued: June 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

 

12 Given the Board’s disposition on Issue 1 regarding the fact and amount of overpayment, Issues 2 and 3 regarding 

waiver and recovery of the overpayment are moot. See C.C., Docket No. 16-1190 (issued May 12, 2017).