United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

R.G., Appellant

and

U.S. POSTAL SERVICE, GAINESVILLE 

CARRIER ANNEX, Gainesville, GA, Employer

__________________________________________

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Docket No. 21-0951

Issued: January 25, 2022

Appearances: Case Submitted on the Record

Paul H. Felser, Esq., for the appellant

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 June 2, 2021 appellant, through counsel, filed a timely appeal from a February 25, 2021 

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 to consider 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 $138,838.00, for the periods February 1, 2010 

through November 30, 2011 and December 1, 2012 through April 25, 2020, 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 September 22, 2008 appellant then a 61-year-old rural mail carrier, filed an 

occupational disease claim (Form CA-2) alleging that she developed degenerative disc disease and 

stenosis due to factors of her employment, including repetitive lifting. She noted that she first 

became aware of her condition on September 24, 2002 and realized its relation to her federal

employment on June 11, 2006. OWCP accepted appellant’s claim for lumbosacral spondylosis 

without myelopathy at levels L2, L3, L4, and L5-S1 and later expanded the acceptance of her claim 

to include L4 radiculopathy, right, and Guillain-Barre syndrome. Appellant was paid on the 

periodic rolls effective December 21, 2008. She retired on October 24, 2008.

In a benefits election form dated August 12, 2014, appellant elected to receive FECA 

benefits.

On February 6, 2020 OWCP sent a FERS/SSA dual benefits form to SSA.

On February 28, 2020 OWCP received a completed FERS/SSA dual benefits form from 

SSA wherein SSA advised that appellant received SSA disability benefits for the periods 

February 2009 through January 2010 and December 2011 through November 2012. SSA reported 

appellant’s SSA age-related retirement benefit rates with a FERS offset and without a FERS offset 

from February 1, 2010 through November 30, 2011 and from December 1, 2012 through 

December 31, 2019. Beginning February 2010 and December 2010, the SSA rate with FERS was 

$1,101.80 and without FERS was $151.30. Beginning December 2012, the SSA rate with FERS 

was $1,431.20 and without FERS was $159.30. Beginning December 2013, the SSA rate with 

FERS was $1,452.60 and without FERS was $161.60. Beginning December 2014 and 

December 2015, the SSA rate with FERS was $1,477.20 and without FERS was $164.30. 

Beginning December 2016, the SSA rate with FERS was $1,481.60 and without FERS was 

$164.70. Beginning December 2017, the SSA rate with FERS was $1,511.20 and without FERS 

was $167.90. Beginning December 2018, the SSA rate with FERS was $1,553.50 and without 

FERS was $172.60. Beginning December 2019, the SSA rate with FERS was $1,578.30 and 

without FERS was $175.30.

On May 18, 2020 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it noted the calculation of appellant’s SSA offset overpayment from February 1, 2010 

through November 30, 2011 and December 1, 2012 through April 25, 2020 and computed a total 

overpayment amount of $138,838.36. This form indicated that beginning February 1, 2010

through November 30, 2010 appellant received an overpayment in the amount of $9,494.55. 

Beginning December 1, 2010 through November 30, 2011, she received an overpayment in the 

amount of $11,437.34. Beginning December 1, 2012 through November 30, 2013, appellant

received an overpayment in the amount of $15,304.73. Beginning December 1, 2013 through 

November 30, 2014, she received an overpayment in the amount of $15,534.56. Beginning 

December 1, 2014 through November 30, 2015, appellant received an overpayment in the amount 

of $15,798.08. Beginning December 1, 2015 through November 30, 2016, she received an 

overpayment in the amount of $15,841.36. Beginning December 1, 2016 through November 30, 

2017, appellant received an overpayment in the amount of $15,846.21. Beginning December 1, 

2017 through November 30, 2018, she received an overpayment in the amount of $16,167.49. 

Beginning December 1, 2018 through November 30, 2019, appellant received an overpayment in 
3

the amount of $16,616.32. Beginning December 1, 2019 through April 25, 2020, she received an 

overpayment in the amount of $6,797.70. 

On May 18, 2020 OWCP issued a corrected preliminary overpayment determination.

2

 It

informed appellant that she received an overpayment of compensation in the amount of 

$138,838.00, for the periods February 1, 20103through November 30, 2011 and December 1, 2012 

through April 25, 2020, because she received SSA age-related retirement benefits that were 

partially based on credits earned while working in the Federal Government, and this constituted a 

prohibited dual benefit. OWCP determined that she was without fault in the creation of the 

overpayment. It requested that appellant submit a completed overpayment recovery questionnaire 

(Form OWCP-20) to determine a reasonable payment method, and advised her that she could 

request waiver of recovery of the overpayment. OWCP further requested that she provide 

supporting financial 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, it provided an overpayment action request form and further notified 

appellant that, within 30 days of the date of the letter, she could request a telephone conference, a 

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

On June 15, 2020 appellant submitted an overpayment action request form and requested 

a prerecoupment hearing before a representative of OWCP’s Branch of Hearings and Review. She 

noted that she disagreed that the overpayment occurred and with the amount of the overpayment, 

and requested waiver because she was found to be without fault. Appellant stated that she did not 

understand how the overpayment occurred and that repayment would result in extreme financial

hardship. 

In a Form OWCP-20 dated June 10, 2020, appellant reported that her total monthly income 

included $3,377.40 from FECA and $1,433.00 from SSA for herself, resulting in total monthly 

income of $4,810.40. She reported expenses totaling $4,078.55. Appellant indicated monthly 

expenses of $1,500.00 forsupport payment to her husband, $200.00 for food, $100.00 for clothing, 

$578.75 for utilities, and other expenses of $3,199.60. She further noted cash on hand of $134.00 

and a checking account balance of $25,000.00. Appellant attached financial information including 

bank statements from April 26, 2018 through October 28, 2019, and state and federal tax returns 

for 2018 and 2019.

4

2 OWCP had initially issued a preliminary overpayment determination on April1, 2020. The May 18, 2020 

preliminary overpayment determination corrected the amount of the overpayment because the FERS adjustment 

deduction was not taken for the last periodic roll period.

3 The preliminary overpayment determination noted this date as January 1, 2010, however that appears to be a 

typographical error.

4 Appellant also submitted a Form OWCP-20 dated April24, 2020 and reported that her total monthly income 

included $3,377.40 from FECA and $1,433.00 from SSA for herself, resulting in total monthly income of $4,810.40. 

She reported expenses totaling $7,454.16. Appellant indicated monthly expenses of $1,500.00 for support payment 

to her husband, $250.00 for food, $58.80 for clothing, $350.00 for utilities, and other expenses of $475.00, and 

warranty on car repairs of $2,365.00. She further noted a checking account balance of $25,000.00. 
4

On January 15, 2021 OWCP held a telephonic prerecoupment hearing. Appellant testified 

that she received FECA benefits and $1,433.00 in SSA benefits. She reported expenses of 

$1,500.00 a month to her ex-husband, $200.00 for food, $100.00 for clothing, 578.75 for utilities,

5

and $3,199.60 in miscellaneous items. Appellant did not account for the miscellaneous expense,

but indicated that she had it available in case of needed repairs or personal items. She reported 

$11,000.00 in her checking account and $4,165 in an individual retirement account. The hearing 

representative advised appellant that a breakdown and explanation of the miscellaneous expenses 

was necessary and informed her that she could submit the necessary information after the hearing. 

The record was held open for 30 days for submission of additional financial evidence. OWCP did 

not receive any further evidence.

By decision dated February 25, 2021, the hearing representative finalized the preliminary 

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

in the amount of $138,838.00 for the periods February 1, 2010 through November 30, 2011 and

December 1, 2012 through April 25, 2020, because she concurrently received SSA age-related 

retirement benefits and FECA wage-loss compensation without an appropriate offset. OWCP 

further found that she was without fault in the creation of the overpayment, but denied waiver of 

recovery of the overpayment because the evidence of record failed to establish that recovery of an 

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

required recovery of the overpayment by payment in full.

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.6 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.7

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.8 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 

age-related retirement benefits 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.9

5 Appellant reported $505.00 for utilities, $170.00 for electricity, $150.00 for water, $125.00 for a heater, and 

$60.00 for telephones.

6

5 U.S.C. § 8102(a).

7

Id. at § 8116.

8

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

9 FECA Bulletin No. 97-09 (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 $138,838.00, for the period February 1, 2010 through 

November 30, 2011 and December 1, 2012 through April 25, 2020, 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 concurrent FECA compensation for wage-loss and 

SSA retirement benefits attributable to federal service for the same period.10 The record supports 

that appellant received FECA wage-loss compensation on the periodic rolls beginning 

December 21, 2008. Appellant received SSA age-related retirement benefits beginning 

February 1, 2010. The information provided by SSA established that appellant had received SSA 

age-related retirement benefits that were attributable to her federal service commencing 

February 1, 2010 through November 30, 2011 and December 1, 2012 through April 25, 2020. 

Thus, the record establishes that she received an overpayment of FECA wage-loss compensation.11

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 

documentation from SSA with respect to appellant’s specific SSA age-related retirement benefits 

that were attributable to federal service. SSA provided its rate with FERS and without FERS for 

specific periods February 1, 2010 through November 30, 2011 and December 1, 2012 through

April 25, 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 $138,838.00. 

The Board has reviewed OWCP’s calculations and finds that it properly determined that appellant 

received prohibited dual benefits totaling $138,838.00 for the periods February 1, 2010 through 

November 30, 2011 and December 1, 2012 through April 25, 2020.

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.12

Recovery of an overpayment will defeat the purpose of FECA if such recovery would cause 

hardship to a currently or formerly entitled beneficiary because the beneficiary from whom OWCP 

seeks recovery needs substantially all of his or her current income, including compensation 

benefits, to meet current ordinary and necessary living expenses, and the beneficiary’s assets do 

10 Supra note 9; L.D., Docket No. 19-0606 (issued November 21, 2019); A.C., Docket No. 18-1550 (issued 

February21, 2019). 

11 Id.

12 5 U.S.C. § 8129.
6

not exceed a specified amount as determined by OWCP.13 An individual is deemed to meet current 

ordinary and necessary living expenses if monthly income does not exceed monthly expenses by 

more than $50.00.14

Additionally, recovery of an overpayment is considered to be against equity and good 

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

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

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

for the worse.15

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

information is also used to determine the repayment schedule, if necessary.16

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. 17

Evidence in the case record shows that appellant received FECA benefits of $3,377.40 and 

$1,433.00 in SSA benefits. She reported expenses of $1,500.00 a month to her ex -husband, 

$200.00 for food, $100.00 for clothing, 578.75 for utilities, and $3,199.60 in miscellaneous items. 

Appellant did not account for the miscellaneous expense, but indicated that she had the funds

available in case of needed repairs or personal items. The hearing representative advised appellant 

that a breakdown and explanation of the miscellaneous expenses was necessary and provided her 

an additional 30 days to submit such evidence; however, no additional evidence was submitted. 

Therefore, appellant did not submit sufficient financial information necessary for OWCP to 

determine if recovery of the overpayment would defeat the purpose of FECA or be against equity 

13 20 C.F.R. § 10.436(a)(b). For an individual with no eligible dependents the asset base is $6,200.00. The base 

increases to $10,300.00 for an individual with a spouse or one dependent, plus $1,200.00 for each additional 

dependent. Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Final Overpayment Determinations, 

Chapter 6.400.4(a)(2) (September 2020).

14 N.J., Docket No. 19-1170 (issued January 10, 2020); M.A., Docket No. 18-1666 (issued April26, 2019); id. at 

Chapter 6.400.4.a(3).

15 20 C.F.R. § 10.437(a)(b). 

16 Id. at § 10.438(a); M.S.,Docket No. 18-0740 (issued February 4, 2019).

17 5 U.S.C. § 8129.
7

and good conscience. She had the responsibility to provide financial information to OWCP,18 but 

failed to do so.

Accordingly, as appellant did not submit the information required under 20 C.F.R. § 10.438 

of OWCP’s regulations to determine her eligibility for waiver, OWCP properly denied waiver of 

recovery of the overpayment.

With respect to the recovery of an overpayment, the Board’s jurisdiction is limited to those 

cases where OWCP seeks recovery from continuing compensation benefits.19 As appellant was 

not in receipt of continuing compensation benefits, the Board does not have jurisdiction over the 

method of recovery of the overpayment in this case.20

CONCLUSION

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

of compensation in the amount of $138,838.00, for the period February 1, 2010 through 

November 30, 2011 and December 1, 2012 through April 25, 2020, for which she was without 

fault, because she concurrently received FECA wage-loss compensation benefits and SSA age18 Id. at § 10.438; S.P.,Docket No. 19-1318 (issued July 31, 2020).

19 L.L., Docket No. 19-0097 (issued March 20, 2020); A.B.,Docket No. 18-0915 (issued October 24, 2018).

20 See id.; MiguelA. Muniz, 54 ECAB 217 (2002); Lorenzo Rodriguez, 51 ECAB 295 (2000); 20 C.F.R. § 10.441.
8

related retirement benefits without an appropriate offset. The Board further finds that OWCP 

properly denied waiver of recovery of the overpayment.

ORDER

IT IS HEREBY ORDERED THAT the February 25, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: January 25, 2022

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