United States Department of Labor

Employees’ Compensation Appeals Board

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P.W. Appellant

and

DEPARTMENT OF THE ARMY, CRANE 

ARMY AMMUNITION ARSENAL, Crane, IN, 

Employer

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Docket No. 20-0756

Issued: February 11, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On February 6, 2020 appellant filed a timely appeal from a September 13, 2019 merit 

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

Boards assigned Docket No. 20-0756.1

The issues on appeal before the Board relate to OWCP’s finding of an overpayment of

wage-loss compensation benefits due to appellant’s alleged concurrent receipt of Federal

Employees’ Compensation Act2(FECA) wage-loss compensation and Social Security 

Administration (SSA) age-related retirement benefits without an appropriate offset for benefits 

attributable to the Federal Employees Retirement System (FERS).

 

1 The Board notes that, following the September 13, 2019 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 5 U.S.C. § 8101 et seq.
2

The Board finds that OWCP failed to properly develop the underlying issue of what portion of 

appellant’s SSA age-related retirement benefits were attributable to federal employment.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 age-related

retirement benefits that are attributable to federal service.5 FECA Bulletin No. 97-09 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 receipt of FECA benefits and federal retirement concurrently is a prohibited dual

benefit.6 In identifying the fact and amount of an overpayment of compensation following a

claimant’s receipt of age-related SSA retirement compensation, the Board has observed that

OWCP uses a FERS Offset Calculation Worksheet.7 This calculation worksheet 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 without FERS and the effective date and rate of SSA

benefits with FERS.8 Following receipt of the purported SSA calculations, 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 (CSRS). 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. 

Therefore, the information solicited on the FERS Offset Calculation Worksheet that OWCP sends

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

of an overpayment.

Herein, the evidence of record does not establish that appellant was enrolled in FERS. The 

case record contains election of benefits documents indicating that appellant was covered under 

the Civil Service Retirement System, not FERS. The Board therefore finds that the September 13, 

2019 decision must be reversed.

 

3

J.L., Docket No. 19-1806 (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).

6 FECA Bulletin No. 97-09 (issued February 3, 1997).

7

Id.

8

Id.

9 Supa note 2.
3

IT IS HEREBY ORDERED THAT the September 13, 2019 decision of the Office of 

Workers’ Compensation Programs is reversed. 

Issued: February 11, 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