United States Department of Labor

Employees’ Compensation Appeals Board

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D.T., Appellant

and

DEPARTMENT OF HOUSING & URBAN 

DEVELOPMENT, MEMPHIS FIELD OFFICE, 

Memphis, TN, Employer

__________________________________________

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Docket No. 22-1314

Issued: April 11, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On August 27, 2022 appellant filed a timely appeal from a March 2, 2022 merit decision 

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

Boards docketed the appeal as Docket No. 22-1314.

On May 15, 2009 appellant, then a 66-year-old public housing revitalization specialist, 

filed a traumatic injury claim (Form CA-1) alleging that on May 13, 2009 he sustained “trauma 

to body as a whole” and mental shock after being assaulted while in the performance of duty. He 

stopped work on May 14, 2009. On the reverse side of the claim form, J.G., the field office 

director at the employing establishment, noted that appellant’s retirement coverage was under 

Civil Service Retirement System (CSRS). By decision dated October 1, 2009, OWCP accepted 

appellant’s claim for contusion to right elbow, contusion to left hand, episode of major 

depression, and episode of post-traumatic stress disorder. It paid him wage-loss compensation 

1 Under the Board’s Rules of Procedure, an appeal must be filed within 180 days from the date of issuance of an 

OWCP decision. An appeal is considered filed upon receipt by the Clerk of the Appellate Boards. See 20 C.F.R. 

§ 501.3(e)-(f). One hundred and eighty days from OWCP’s March 2, 2022 decision was August 29, 2022. Since 

using September 1, 2022, the date the appeal was received by the Clerk of the Appellate Boards, would result in the 

loss of appeal rights, the date of the postmark is considered the date of filing. The postmark date was August 27, 

2022, rendering the appeal timely filed. See 20 C.F.R. § 501.3(f)(1).
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on the supplemental rolls, effective October 11, 2009 and on the periodic rolls, effective 

February 14, 2010. 

On February 11, 2021 OWCP forwarded a Federal Employees Retirement System 

(FERS) and Social Security Administration (SSA) dual benefits calculation form to SSA to 

obtain information regarding appellant’s receipt of SSA age-related retirement benefits. 

On February 25, 2021 OWCP received a completed FERS/SSA dual benefits form from 

SSA. The form indicated that appellant received SSA age-related retirement benefits as of 

October 2008 and provided SSA age-related benefit rates with FERS offset and without FERS 

offset from October 2008 through December 2020. 

On April 2, 2021, OWCP issued a preliminary overpayment determination finding that

appellant had received an overpayment of compensation in the amount of $183,380.45 for the 

period October 1, 2008 through March 27, 2021 because he concurrently received SSA 

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

appropriate offset. It also found 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 and advised him that he could request a 

waiver of the overpayment, and 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. 

By decision dated July 23, 2021, OWCP finalized the preliminary overpayment 

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

amount of $183,380.45 for the period October 1, 2008 through March 27, 2021. It also found 

that he was without fault in the creation of the overpayment, but denied waiver of recovery of the 

overpayment. 

By decision dated September 10, 2021, OWCP vacated the July 23, 2021 overpayment 

decision finding that the period and amount of overpayment were incorrect. It noted that 

appellant had no entitlement to wage-loss compensation prior to his date of injury of May 13, 

2009, and thus, there was no period of dual entitlement prior to May 13, 2009. 

In a FERS offset overpayment calculation worksheet dated December 21, 2021, OWCP 

used the information provided by SSA to calculate the 28-day FERS offset for the relevant 

periods and calculated a total overpayment in the amount of $172,336.27 for the period 

October 11, 2009 through March 27, 2021. 

On December 21, 2021 OWCP issued a preliminary overpayment determination finding 

that appellant had received an overpayment of compensation in the amount of $172,336.27, for 

the period October 11, 2009 through March 27, 2021, because it had failed to reduce his FECA 

wage-loss compensation benefits by the portion of his SSA benefits that were attributable to 

federal service without an appropriate offset. It further advised him of its preliminary 

determination that he was not at 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, and advised him that he could request waiver of 

recovery of the overpayment. It further requested that he provide supporting financial 
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documentation, including copies of income tax returns, bank account statements, bills and 

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

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. 

In an overpayment action request form dated January 19, 2022, appellant requested that 

OWCP make a decision based on the written evidence regarding possible waiver of this 

overpayment. On a completed Form OWCP-20 dated January 19, 2022, he reported a total 

monthly income of $7,776.00, which included $2,232.00 in SSA benefits, $1,348.00 in Thrift 

Savings Plan annuity, and $4,196 in OWCP benefits. Appellant noted total monthly expenses of 

$9,774.00, which included $1,397.00 for mortgage and property tax, $755.00 for food, $300.00 

for clothing, $461.00 for utilities, and $3,278.00 for “other” expenses. He also indicated that he 

had monthly payments of $600.00 and $388.00 to banking institutions and $2,595.00 of 

miscellaneous personal expenses. Appellant reported that he had cash on hand of $650.00 and a 

checking account balance of $3,142.00. He provided over 300 pages of financial documentation, 

including receipts, statements, and tax documents. 

By decision dated March 2, 2022, OWCP finalized the preliminary overpayment

determination, finding that appellant had received an overpayment of $172,336.27 for the period 

October 11, 20092through March 27, 2021, because he concurrently received SSA age-related 

retirement benefits and FECA wage-loss compensation benefits without a proper offset. It also 

found that he was without fault in the creation of the overpayment, but denied waiver of recovery 

of the overpayment because his monthly income exceeded his monthly expenses by more than 

$50.00. OWCP required recovery of the overpayment by deducting $800.00 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, if any, of appellant’s SSA age-related retirement 

benefits were attributable to federal service.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.4 

The offset provision of 5 U.S.C. § 8116(d)(2) and applicable regulations apply to SSA agerelated retirement benefits that are attributable to federal service.5

 FECA Bulletin No. 97-09 

2 The final overpayment decision erroneously noted a date of October 1, 2008. The Board considers this harmless 

error, however, as the December 21, 2021 preliminary overpayment determination and overpayment calculation 

memorandum correctly noted a date of October 11, 2009. 

3 See Order Reversing Case, W.G., Docket No. 20-1389 (issued June 30, 2021); Order Reversing Case, R.L., 

Docket No. 20-1333 (issued May 13, 2021); J.L., Docket No. 29-1806 (issued July 29, 2020).

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

Chapter 6.200.1(h) (September 2018).

5 See 5 U.S.C. § 8116(a), (d); 20 C.F.R. § 10.421(a).
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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 concurrent receipt of FECA benefits and federal 

retirement is a prohibited dual benefit.6 In identifying the fact and amount of overpayment of 

compensation following a claimant’s receipt of SSA age-related retirement benefits, the Board 

has observed that OWCP uses a FERS/SSA dual benefits form.

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 This form 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 with and without FERS.8 Following receipt of the 

completed form from SSA, a preliminary determination of overpayment is issued if a prohibited 

dual benefit was received.9

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 Civil Service 

Retirement System. 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. Thus, the information solicited on the FERS/SSA dual benefits form that OWCP sends 

to SSA is not applicable to non-FERS claimants and does not establish either the fact or amount 

of an overpayment.10

Herein, OWCP determined that appellant received an overpayment of compensation 

during the period October 11, 2009 through March 27, 2022, because he concurrently received 

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

offset. The evidence of record, however, contains conflicting evidence with regard to appellant’s

retirement coverage. An employing establishment official indicated on the reverse side of the 

May 15, 2009 Form CA-1 that appellant’s retirement plan was CSRS, not FERS. At least two 

claims for compensation (Forms CA-7) from 2009 indicated that his retirement system was 

“SSA” on the front of the form, and FERS on the back of the form. Other Forms CA-7 from 

2009 and 2010 had no retirement system on the front of the form, and FERS on the back of the 

form. OWCP has not provided evidence to establish that appellant was enrolled in FERS or that 

he subsequently elected FERS coverage. The Board thus finds that OWCP improperly 

determined that he received an overpayment of compensation in the amount of $172,336.27 for 

the period October 11, 2009 through March 27, 2021. 

As OWCP has not established that appellant received an overpayment of compensation 

during the period October 11, 2009 through March 2, 2022, the Board finds that OWCP has not 

met its burden of proof. Accordingly, 

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

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Id. 

8

Id.

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Id. 

10 A.A., Order Reversing Case, Docket No. 21-1181 (issued May 13, 2022). See G.L., Docket No. 20-1285 

(issued April 20, 2022); G.T., Docket No. 21-0858 (issued December 6, 2021). 
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IT IS HEREBY ORDERED THAT the March 2, 2022 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: April 11, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board