United States Department of Labor

Employees’ Compensation Appeals Board

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J.G., Appellant

and

U.S. POSTAL SERVICE, INCOMING MAIL 

CENTER, Chelsea, MA, Employer

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Docket No. 23-0833

Issued: December 29, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On May 25, 2023 appellant filed a timely appeal from a March 1, 2023 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 OWCP properly determined that appellant received an 

overpayment of compensation in the amount of $77,185.73, for the periods December 1, 2010 

through October 13, 2013 and November 1, 2014 through September 10, 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; 

(2) whether OWCP properly denied waiver of recovery of the overpayment; and (3) whether 

1

5 U.S.C. § 8101 et seq.
2

OWCP properly required recovery of the overpayment by deducting $550.00 from appellant’s 

continuing compensation payments every 28 days.

FACTUAL HISTORY

This case has previously been before the Board on a different issue. 2 The facts and 

circumstances of the case as set forth in the Board’s prior decision are incorporated herein by 

reference.

On January 22, 1990 appellant, then a 41-year-old letter sorting machine clerk, filed a 

traumatic injury claim (Form CA-1) alleging that she sustained low back pain when she slipped 

and fell on ice while walking from her car to the door of her duty station while in the performance 

of duty. She stopped work on January 23, 1990 and returned to part-time modified-duty work on 

November 19, 1990. Appellant again stopped work on November 30, 1990 and did not return. An 

employing establishment personal statement of benefits form dated February 1991 notes her

enrollment in the Federal Employees Retirement System (FERS). OWCP accepted the claim for 

low back strain. It paid appellant wage-loss compensation benefits on the supplemental rolls,

effective December 1, 1990 and on the periodic rolls, effective May 21, 1996.

Appellant separated from the employing establishment effective June 2, 2001. OWCP 

continued to pay her wage-loss compensation on the periodic rolls.3

The case record also contains an election of benefits form, signed by appellant on 

September 10, 2014, in which she elected to receive FECA benefits in lieu of FERS benefits

effective that date. OWCP continued to pay her wage-loss compensation on the periodic rolls.

On January 26, 2021 OWCP received a completed FERS/ SSA dual benefits form, wherein 

SSA advised that appellant reached retirement age and became eligible for SSA age -related 

retirement benefits effective November 7, 2010. SSA reported her SSA age-related retirement 

benefit rates with a FERS offset and without a FERS offset from December 2010 through 

October 2013, and from November 2014 through December 2020. Beginning December 2010, 

the SSA rate with FERS was $469.50 and without FERS was $44.10; beginning December 2011, 

the SSA rate with FERS was $486.40 and without FERS was $45.70; beginning December 2012, 

the SSA rate with FERS was $494.60 and without FERS was $46.50; beginning October 2013, the 

SSA rate with FERS was $494.60 and without FERS was $46.50; beginning November 2014, the 

SSA rate with FERS was $665.70 and without FERS was $50.40; beginning December 2014, the 

SSA rate with FERS was $677.00 and without FERS was $51.20; beginning December 2015, the 

SSA rate with FERS was $677.00 and without FERS was $51.20; beginning December 2016, the 

SSA rate with FERS was $679.00 and without FERS was $51.30; beginning December 2017, the 

SSA rate with FERS was $692.50 and without FERS was $52.20; beginning December 2018, the 

2 Docket No. 96-2283 (issued September 3, 1998). 

3

In a notice dated December 16, 2008 and finalized January 16, 2009, OWCP reduced appellant’s entitlement to 

wage-loss compensation under 5 U.S.C. § 8115(a) effective January 18, 2009, based on her capacity to earn wages in 

the constructed position of Telephone Operator, Department of Labor, Dictionary of Occupational Titles (DOT)

#235.622-022), at the weekly pay rate of $300.00. 
3

SSA rate with FERS was $711.80 and without FERS was $53.70; beginning December 2019, the 

SSA rate with FERS was $723.10 and without FERS was $54.50; and beginning December 2020, 

the SSA rate with FERS was $732.50 and without FERS was $55.10. SSA noted that, for all other 

periods, appellant “received disability benefits when no offset applies.”

On February 24, 2021 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it found a total overpayment amount of $69,710.23 for the period December 1, 2010 

through February 27, 2021.

On August 19, 2022 OWCP requested that SSA complete a FERS/SSA dual benefits form 

for the period January 1, 2010 through August 19, 2022. 

On August 23, 2022 OWCP received a completed FERS/SSA dual benefits form, wherein 

SSA listed the periods and amounts set forth in the January 26, 2021 form, and added that,

beginning December 2021, the SSA rate with FERS was $775.70 and without FERS was $58.40. 

It noted that appellant had two periods of retirement: December 2010 through October 2013, and 

November 2014 and continuing. Additionally, appellant had two periods of disability: June 2005 

through November 2010, and November 2013 through October 2014 “when no offset applies.”

On September 21, 2022 OWCP prepared a compensation adjustment sheet wherein it found 

a total overpayment amount of $76,578.60 for the period December 1, 2010 through 

September 10, 2022. 

On November 30, 2022 OWCP prepared a revised FERS offset overpayment calculation 

worksheet wherein it found a total overpayment of $77,185.73. It noted that the September 21, 

2022 calculation had been in error as the November 1, 2014 cost-of-living adjustment had been 

entered incorrectly, and the period November 2 through 30, 2018 had not been included in the 

calculation. Additionally, appellant “was paid disability by SSA from November 1, 2013 through 

October 31, 2014.”

On December 1, 2022 OWCP issued a preliminary overpayment determination, finding 

that an overpayment of compensation in the amount of $77,185.73had been created for the periods 

December 1, 2010 through October 13, 2013 and from November 1, 2014 through 

September 10, 2022, because appellant had received concurrent benefits under both FERS and

SSA without the mandatory offset being applied. It determined that she 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 

her that she could request waiver of recovery of the overpayment. It 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, OWCP further provided an overpayment action request form and notified 

appellant that, within 30 days of the date of the letter, she could request a final decision based on 

the written evidence, or a prerecoupment hearing.

Appellant completed a Form OWCP-20 dated December 20, 2022, in which she requested 

waiver as she was found without fault in creation of the overpayment. She listed her income, 
4

assets, expenses, and attached financial information including utility bills, credit card statements, 

and bank statements. 

By decision dated March 1, 2023, OWCP finalized the preliminary overpayment 

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

of $77,185.73 for the periods December 1, 2010 through October 13, 2013 and from November 1, 

2014 through September 10, 2022, because she concurrently received SSA age-related retirement 

benefits and FECA wage-loss compensation benefits without an appropriate offset. It 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 was insufficient to establish that recovery of an 

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

required recovery of the overpayment by deducting $550.00 every 28 days from appellant’s 

continuing compensation payments.

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.4 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. 5

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.6 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 concurrent receipt of FECA benefits and FERS benefits without an appropriate 

offset is a prohibited dual benefit.7

ANALYSIS -- ISSUE 1

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

of compensation, as she concurrently received FECA wage-loss compensation and SSA agerelated retirement benefits, without an appropriate offset.

OWCP paid appellant wage-loss compensation for total disability on the supplemental rolls 

as of December 1, 1990, and on the periodic rolls as of May 21, 1996. Beginning December 1, 

2010, appellant received SSA age-related retirement benefits. As noted, a claimant cannot 

concurrently receive wage-loss compensation benefits and SSA age-related retirement benefits 

4

5 U.S.C. § 8102(a).

5

Id. at § 8116.

6

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

7 FECA Bulletin No. 97-09 (issued February 3, 1997);see also N.B., Docket No. 18-0795 (issued January 4, 2019).
5

attributable to federal service for the same period.8 The information provided by SSA indicated 

that a portion of appellant’s SSA age-related retirement benefits were attributable to her federal 

service. As OWCP did not offset her FECA benefits for the period December 1, 2010 through 

September 10, 2022, the Board finds that she received an overpayment of wage-loss 

compensation.9 Therefore, fact of overpayment is established.10

The Board further finds, however, that this case is not in posture for decision regarding the 

period and the amount of the overpayment. The final overpayment decision dated March 1, 2023 

indicates that appellant received prohibited dual benefits for the period December 1, 2010 through 

October 13, 2013; however, the overpayment calculation worksheet indicates that appellant’s 

prohibited dual benefits continued through October 31, 2013. Due to the differing dates utilized 

in the calculation of the overpayment, the Board is unable to determine whether the overpayment 

period and amount are accurate. A claimant is entitled to an overpayment decision that clearly 

explains how the period and amount were calculated.11 The Board will, therefore, remand the case 

for OWCP to further explain its calculation of the period and amount of the overpayment. 12

On remand OWCP shall determine the period and amount of the overpayment of 

compensation. It shall then issue a new preliminary overpayment determination, with an 

overpayment action request form, an overpayment recovery questionnaire, and instructions for 

appellant to provide supporting financial information.13 After this and other such further 

development as deemed necessary, OWCP shall issue a de novo decision.14

CONCLUSION

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

of compensation for which she was without fault, because she concurrently received FECA wageloss compensation benefits and SSA age-related retirement benefits without an appropriate offset. 

The Board also finds, however, that the case is not in posture for decision regarding the period and 

the amount of the overpayment.

8 E.M., Docket No. 21-1231 (issued April 19, 2023); A.C., Docket No. 18-1550 (issued February 21, 2019).

9

Id.

10 See K.H., Docket No. 18-0171 (issued August 2, 2018).

11 R.B., Docket No. 20-0022 (issued October 28, 2020); O.R., 59 ECAB 432 (2008).

12 The Board also notes that the record contains an election of benefits form signed by appellant on September 10, 

2014 wherein appellant elected FECA benefits commencing that date. However, it is unclear when th e form was 

processed, and its effect on the overpayment period and amount in question.

13 See L.K., Docket No. 29-0416 (issued November 12, 2020).

14 In light of the Board’s disposition of Issue 2 and Issue 3 are rendered moot.
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ORDER

IT IS HEREBY ORDERED THAT the March 1, 2023 decision of the Office of Workers’

Compensation Programs is affirmed in part, and set aside in part, and the case is remanded for 

further proceedings consistent with this decision of the Board.

Issued: December 29, 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