United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

Y.H., Appellant

and

U.S. POSTAL SERVICE, DALLAS NETWORK 

DISTRIBUTION CENTER, Dallas, TX, 

Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 23-0444

Issued: August 23, 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

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On February 2, 2023 appellant filed a timely appeal from a December 20, 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.

ISSUES

The issues are: (1) whether appellant received an overpayment of wage-loss 

compensation in the amount of $16,847.92 for the period October 1, 2021 through July 16, 2022, 

for which she was without fault, because she concurrently received FECA wage -loss 

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.

1

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On April 26, 2011 appellant, then a 55-year-old mail handler, filed an occupational 

disease claim (Form CA-2) alleging that she sustained repetitive trauma to the knees, neck, 

shoulder, and arms due to factors of her federal employment. She indicated that she first became 

aware of her condition and realized its relationship to her federal employment on 

March 15, 2011. OWCP accepted the claim for chondromalacia patella, bilateral, and tear of 

lateral meniscus of knee, current, left. Appellant underwent OWCP-authorized surgery to repair 

her left chondromalacia patella and lateral meniscal tear on September 9, 2011. OWCP paid 

appellant wage-loss compensation on the supplemental rolls beginning September 9, 2011 and 

on the periodic rolls from October 23, 2011 until September 14, 2022.

OWCP received a PS Form 50 dated July 11, 2013, indicating that appellant’s retirement 

system coverage was Federal Employees Retirement System (FERS). 

On July 28, 2022 OWCP sent FERS/SSA dual benefits form to SSA for completion. On 

a completed dual benefits form dated August 4, 2022, SSA reported appellant’s SSA age-related 

retirement benefit rates with and without FERS for the period October 2021 through 

December 2021. Beginning October 2021, the SSA rate with FERS was $2,175.50 and without 

FERS was $485.50; and beginning December 2021 the SSA rate with FERS was $2,303.50 and 

without FERS was $514.10.

In an August 9, 2022 FERS offset overpayment calculation worksheet, OWCP calculated 

appellant’s FERS/SSA offset for each month from October 1, 2021 through July 16, 2022 for a 

total overpayment of $16,847.92. By letter dated August 9, 2022, it notified her that her 

compensation would be offset by the portion of her SSA age-related retirement benefits

attributable to her federal service. Appellant’s new net wage-loss compensation benefit was to 

be $2,001.43.

On August 14, 2022 appellant elected OPM retirement benefits, effective September 15, 

2022, in lieu of FECA wage-loss compensation. 

On October 31, 2022 OWCP issued a preliminary overpayment determination, notifying

appellant that she had received an overpayment of compensation in the amount of $16,847.92

because her wage-loss compensation benefits had not been reduced for the period October 1, 

2021 through July 16, 2022 by the portion of her SSA benefits that were attributable to her 

federal service. It calculated the overpayment amount by determining the difference between her 

SSA age-related retirement benefit rates with and without FERS for the stated period. OWCP 

found that appellant had received an overpayment of compensation in the amount of $3,397.96 

during the period October 1, 2021 to November 30, 2021, and $13,449.96 during the period

December 1, 2021 to July 16, 2022. It totaled this amount to find an overpayment of $16,847.92. 

OWCP also advised appellant of its preliminary determination that she was without fault in the 

creation of the overpayment. It requested that she complete an overpayment action request form 

and an overpayment recovery questionnaire (Form OWCP-20) and submit supporting financial 

documentation, including copies of income tax returns, bank account statements, bills and 

canceled checks, pay slips, and any other records which support income and expenses.
3

Additionally, OWCP notified appellant that she could request a final decision based on the 

written evidence or a prerecoupment hearing. It afforded her 30 days to respond. 

On November 29, 2022 appellant requested a decision based on the written evidence. 

She also requested waiver of recovery of the overpayment, asserting that she was not aware that 

OWCP had incorrectly paid her, she always reported what she received from SSA, and she 

would experience financial hardship in repaying the overpayment. Appellant did not submit a 

completed Form OWCP-20 or otherwise provide financial information.

By decision dated December 20, 2022, OWCP finalized the preliminary overpayment 

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

$16,847.92 for the period October 1, 2021 through July 16, 2022 because her compensation 

payments were not offset by the portion of her SSA age-related retirement benefits 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 she had not responded

to the overpayment recovery questionnaire or otherwise provided the financial information 

necessary to establish that recovery of the overpayment would defeat the purpose of FECA or be 

against equity and good conscience. OWCP required recovery of the overpayment in full within 

30 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.2 However, section 8116 also 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.

3

 When an overpayment 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.4

Section 10.421(d) of OWCP’s implementing regulations requires it reduce the amount of 

compensation by the amount of any SSA benefits that are attributable to the employee ’s federal 

service.

5

 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 

2

Id. at § 8102.

3

Id. at § 8116.

4

Id. at § 8129(a).

5

20 C.F.R. § 10.421(d); see D.F., Docket No. 21-0652 (issued January 25, 2023); B.W., Docket No. 21-0277 

(issued May 6, 2022); R.R., Docket No. 19-0104 (issued March 9, 2020); T.B., Docket No. 18-1449 (issued 

March 19, 2019); L.J., 59 ECAB 264 (2007).
4

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 appellant received an overpayment of compensation in the amount 

of $16,847.92 for the period October 1, 2021 through July 16, 2022, for which she was without 

fault, because she 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 and SSA age -

related retirement benefits attributable to federal service for the same period. 7 The information 

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

were attributable to federal service beginning October 1, 2021. OWCP, however, neglected to 

offset her FECA benefits until July 16, 2022. Accordingly, the Board finds that it properly 

determined that appellant received an overpayment of wage-loss compensation for the period 

October 1, 2021 through July 16, 2022.

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. The SSA provided appellant’s SSA age-related retirement benefit 

rates with FERS and without FERS for the period commencing October 1, 2021. OWCP 

provided its calculations showing the amount it should have offset during the relevant period 

based on the SSA dual benefits form.

The Board has reviewed OWCP’s calculations and finds that an overpayment of 

compensation in the amount of $16,487.92 was created for the period October 1, 2021 through 

July 16, 2022.

8

LEGAL PRECEDENT -- ISSUE 2

Section 8129 of FECA provides that an overpayment in compensation shall be recovered 

by OWCP 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.

9

 Section 10.438 of OWCP’s regulations provides that the individual who 

6 FECA Bulletin No. 97-09 (issued February 3, 1997);C.W., Docket No. 22-1012 (issued January 20, 2023); see 

also P.P., Docket No. 22-0819 (issued November 23, 2022); N.B., Docket No. 18-0795 (issued January 4, 2019).

7

5 U.S.C. § 8116(d)(2); see M.D., Docket No. 21-0725 (issued January 25, 2023); W.C., Docket No. 20-1241 

(issued February 9, 2021); R.D., Docket No. 19-1598 (issued April 17, 2020); C.M., Docket No. 19-1451 (issued 

March 4, 2020); L.W., Docket No. 19-0787 (issued October 23, 2019); J.T., Docket No. 18-1791 (issued 

May 17, 2019).

8

See M.D., id.; P.M., Docket No. 21-0915 (issued December 14, 2021); K.W., Docket No. 20-1169 (issued 

April 7, 2021); W.C., id.; S.O., Docket 20-0753 (issued October 28, 2020).

9

5 U.S.C. § 8129; 20 C.F.R. §§ 10.433, 10.434, 10.436, and 10.437; see A.S., Docket No. 17-0606 (issued 

December 21, 2017).
5

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.

Failure to submit the requested information within 30 days of the request shall result in denial of 

waiver.10

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 of 

recovery of the overpayment 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.

11

 However, appellant had the responsibility to provide financial 

information and supporting documentation to OWCP.

12

 In its October 31, 2022 preliminary 

overpayment determination, OWCP requested that she complete an overpayment recovery

questionnaire and submit supporting financial documentation, including copies of income tax 

returns, bank account statements, bills and cancelled checks, pay slips, and any other records to 

support her reported income and expenses. It advised appellant that it would deny waiver of 

recovery if she failed to furnish the requested financial information within 30 days. Appellant, 

however, did not provide a completed Form OWCP-20 or otherwise provide the necessary 

financial information. The evidence of record is, therefore, insufficient to establish that recovery 

of the overpayment would defeat the purpose of FECA or be against equity and good 

conscience.13

Accordingly, as appellant did not submit the information required under 20 C.F.R. 

§ 10.438 of OWCP’s regulations, which was necessary to determine her eligibility for waiver, 

the Board finds that OWCP properly denied waiver of recovery of the overpayment 

compensation.14

CONCLUSION 

The Board finds that appellant received an overpayment of compensation in the amount 

of $16,487.92 for the period October 1, 2021 through July 16, 2022, for which she was without 

fault, because 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. 

10 20 C.F.R. § 10.438.

11 Id. at § 10.436.

12 Supra note 10.

13 Id.; see D.Y., Docket No. 22-0932 (issued February 22, 2023).

14 See D.Y., id.; T.E., Docket No. 19-0348 (issued December 11, 2019).
6

ORDER

IT IS HEREBY ORDERED THAT the December 20, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: August 23, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board