United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.M., Appellant

and

U.S. POSTAL SERVICE, GRANBURY POST 

OFFICE, Granbury, TX, Employer

__________________________________________

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Docket No. 21-0905

Issued: February 15, 2022

Appearances: Case Submitted on the Record

Stanley Buchanan, for the appellant1

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On May 5, 2021 appellant, through her representative, filed a timely appeal from a 

November 16, 2020 merit decision and a January 12, 2021 nonmerit decision of the Office of 

Workers’ Compensation Programs (OWCP). Pursuant to the Federal Employees’ Compensation 

Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction over the merits of 

this case.3

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2

5 U.S.C. § 8101 et seq.

3 The Board notes that, following the January 12, 2021 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

ISSUES

The issues are: (1) whether appellant received an overpayment of compensation in the 

amount of $25,534.45 for which she was without fault, as she concurrently received Social 

Security Administration (SSA) age-related retirement benefits and FECA wage-loss compensation 

for the period October 1, 2015 through September 20, 2020 without appropriate offset; (2) whether 

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

required recovery of the overpayment by deducting $800.00 every 28 days from appellant’s 

continuing compensation payments; and (4) whether OWCP properly denied appellant’s request 

for an oral hearing pursuant to 5 U.S.C. § 8124(b).

FACTUAL HISTORY

On July 2, 2015 appellant, then a 63-year-old rural carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on June 18, 2015 she sustained a contusion of the right knee when she 

hit the ground on that date while in the performance of duty. OWCP accepted the claim for internal 

derangement of the right knee, derangement of the medial meniscus of the right knee, right knee 

effusion, contusion of the right lower leg, lumbar and pelvis sprain, contusions of the bilateral 

front wall of the thorax, and multiple fractures of the left ribs. It paid appellant wage-loss 

compensation on the supplemental rolls beginning August 7, 2015 and on the periodic rolls 

beginning March 6, 2016.

On the reverse side of the July 2, 2015 claim form and in a notification of personnel action 

(Standard Form (SF)-50) dated January 21, 2016, appellant’s retirement plan was identified as 

under the Federal Employees Retirement System (FERS). 

On November 6, 2018 OWCP provided SSA with a FERS/SSA dual benefits form, to 

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

On November 20, 2018 SSA completed a dual benefits form, which indicated appellant’s 

SSA benefit rates with a FERS offset and without a FERS offset from April 2017 through 

December 2018. Beginning April 2017, the SSA rate with FERS was $960.00 and without FERS 

was $778.00. Beginning December 2017, the SSA rate with FERS was $980.00 and without FERS 

was $793.00. Beginning January 2018, the SSA rate with FERS was $1,008.00 and without FERS 

was $793.00. Beginning December 2018, the SSA rate with FERS was $1,036.00 and without 

FERS was $816.00. OWCP received a second completed dual benefits form from SSA dated 

November 20, 2018 that indicated appellant’s SSA benefit rates with a FERS offset and without a 

FERS offset from January 2016 through December 2018. Beginning January 2016, the SSA rate 

with FERS was $1,179.00 and without FERS was $766.00. Beginning December 2016, the SSA 

rate with FERS was $1,183.00 and without FERS was $768.00. Beginning August 2017, the SSA 

rate with FERS was $1,183.00 and without FERS was $783.00. Beginning October 2017, the SSA 

rate with FERS was $1,206.00 and without FERS was $783.00. Beginning December 2017, the 

SSA rate with FERS was $1,230.00 and without FERS was $799.00. Beginning December 2018, 

the SSA rate with FERS was $1,263.50 and without FERS was $821.50.

In an automated compensation payment system (ACPS) form dated December 13, 2018, 

OWCP noted that it had applied the FERS/SSA offset to appellant’s compensation effective 

December 1, 2018.
3

OWCP completed a FERS offset overpayment calculation worksheet on December 13, 

2018, using the effective dates and figures from the dual benefits calculation form received from 

SSA containing dates from November 2017 through December 2018, to calculate a total 

overpayment of $5,046.66.

In a letter dated December 14, 2018, OWCP notified appellant that, based on information 

provided by SSA regarding the amount of her age-related retirement benefits, which were 

attributable to federal service, her FECA wage-loss compensation had been adjusted. Appellant’s

28-day payment after SSA offset was listed as $3,265.58.

OWCP completed a FERS offset calculation worksheet on April 26, 2019 using the 

effective dates and figures from the dual benefits form received from SSA, dated November 20, 

2018, containing dates from January 2016 through December 2018, and calculated a total 

overpayment of $14,843.54.

On May 22, 2019 OWCP issued a preliminary overpayment determination, finding that an 

overpayment of compensation in the amount of $14,843.54 had been created because appellant 

received SSA age-related retirement benefits based upon her federal service, without appropriate 

offset, at the same time she received FECA wage-loss compensation for the period November 1, 

2017 through December 8, 2018. It explained that the overpayment occurred because her

compensation was not reduced by the FERS/SSA amount. OWCP found appellant without fault 

in the creation of the overpayment and forwarded an overpayment action request form and an 

overpayment recovery questionnaire (Form OWCP-20). It requested that she provide supporting 

financial documentation including income tax returns, bank account statements, bills and cancelled 

checks, pay slips, and any other records to support her reported income and expenses. OWCP

attached the FERS offset calculation worksheet dated April 26, 2019. It afforded appellant 30 

days to respond. 

On June 14, 2019 appellant, through her representative, requested a prerecoupment hearing 

before a representative of OWCP’s Branch of Hearings and Review. Appellant contested the fact 

and amount of the overpayment, and requested waiver of recovery of the overpayment. In a Form 

OWCP-20 of even date, she listed her total monthly income as $5,870.51, and her total monthly 

expenses as $4,045.66. Appellant listed total assets of $13,400.00. She submitted financial 

documentation to support her assets, certain expenses, assets, and debts.

By decision dated September 5, 2019, OWCP finalized its preliminary overpayment 

determination of May 22, 2019, finding that appellant received an overpayment of compensation 

in the amount of $14,843.54 for the period November 1, 2017 through December 8, 2018, because 

she concurrently received SSA age-related retirement benefits and FECA wage-loss compensation 

for that period without appropriate offset. It found that she was without fault in the creation of the 

overpayment and required recovery by deducting $313.00 from her continuing compensation 

payments every 28 days.

By decision dated October 18, 2019, OWCP vacated its September 5, 2019 decision, 

finding that a hearing request had been timely received prior to that decision’s issuance.

By decision dated January 6, 2020, OWCP’s hearing representative conducted a 

preliminary review and determined that the case was not in posture for a hearing at that time. The 

hearing representative found that OWCP did not properly explain how appellant’s overpayment 
4

was calculated in its May 22, 2019 preliminary overpayment determination and remanded that the 

case for reissuance of a preliminary overpayment determination, including an explanation as to 

how the overpayment was calculated. 

On July 1, 2020 OWCP provided SSA with another FERS/SSA dual benefits form for its 

completion.

On July 20, 2020 SSA completed a dual benefits form, which reported appellant’s SSA 

benefit rates with a FERS offset and without a FERS offset from October 2015 through 

December 2019. Beginning October and December 2015, the SSA rate with FERS was $1,162.00 

and without FERS was $766.00. Beginning January 2016, the SSA rate with FERS was $1,179.00 

and without FERS was $766.00. Beginning December 2016 and August 2017, the SSA rate with 

FERS was $1,183.00 and without FERS was $768.00. Beginning October 2017, the SSA rate with 

FERS was $1,206.00 and without FERS was $783.00. Beginning December 2017, the SSA rate 

with FERS was $1,230.00 and without FERS was $799.00. Beginning December 2018, the SSA 

rate with FERS was $1,263.50 and without FERS was $821.50. Beginning December 2019, the 

SSA rate with FERS was $1,284.60 and without FERS was $834.60. SSA noted that appellant 

had been originally paid October through December 2015 and that an overpayment had been 

recovered, resulting in an increase in October 2017. 

OWCP completed a FERS offset calculation worksheet on September 17, 2020, using the 

effective dates and figures from the July 20, 2020 dual benefits calculation form received from 

SSA, to find a total overpayment in the amount of $25,534.45 had been created during the period 

October 1, 2015 through September 12, 2020.

On September 18, 2020 OWCP issued a preliminary overpayment determination, finding 

that an overpayment of compensation in the amount of $25,534.45 had been created because 

appellant received SSA age-related retirement benefits based upon her federal service, without 

appropriate offset, at the same time she received FECA wage-loss compensation for the period

October 1, 2015 through September 12, 2020. It explained that the overpayment occurred because 

her compensation was not reduced by the FERS/SSA amount. OWCP found appellant without 

fault in the creation of the overpayment and forwarded an overpayment action request form and a 

Form OWCP-20. It again requested that she provide supporting financial documentation including 

income tax returns, bank account statements, bills and cancelled checks, pay slips, and any other 

records to support her reported income and expenses. OWCP afforded appellant 30 days to 

respond. No response was received.

By decision dated November 16, 2020, OWCP finalized its preliminary overpayment 

determination of September 18, 2020, finding that appellant received an overpayment of 

compensation in the amount of $25,534.45 for the period October 1, 2015 through September 20, 

2020 because she concurrently received SSA age-related retirement benefits and FECA wage-loss 

compensation for that period without appropriate offset. It denied waiver of recovery of the 

overpayment and required recovery by deducting $800.00 from her continuing compensation 

payments. 

On November 11, 2020 appellant, through her representative, requested a prerecoupment 

hearing before a representative of OWCP’s Branch of Hearings and Review regarding possible 

waiver of recovery of the overpayment.
5

By decision dated January 12, 2021, OWCP denied appellant’s request for a hearing, 

finding that her November 11, 2020 request for a prerecoupment hearing was untimely.

LEGAL PRECEDENT -- ISSUE 1

Section 8102 of FECA provides that the United States shall pay compensation for the 

disability of an employee resulting from personal injury sustained while in the performance of 

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 the implementing regulations requires that OWCP reduce the amount 

of compensation by the amount of SSA benefits that are attributable to federal service of the 

employee.6 FECA Bulletin No. 97-09 provides 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 part of the FERS retirement package, and the receipt of FECA benefits and federal retirement 

concurrently is a prohibited dual benefit.7

ANALYSIS -- ISSUE 1

The Board finds that appellant received an overpayment of compensation for which she 

was without fault, as she concurrently received SSA age-related retirement benefits and FECA 

wage-loss compensation for the period October 1, 2015 through September 20, 2020 without 

appropriate offset.

The evidence of record indicates that, while appellant was receiving compensation for 

wage-loss compensation benefits under FECA, she was also receiving SSA age-related retirement 

benefits based upon her federal service. A claimant cannot receive both wage-loss compensation 

under FECA and SSA age-related retirement benefits attributable to federal service for the same 

period.8 The information provided by SSA established that appellant received SSA age-related 

retirement benefits that were attributable to federal service, without appropriate offset for the 

period October 1, 2015 through September 20, 2020. Thus, theBoard finds that the fact and period

of overpayment have been established.

The Board further finds, however, that this case is not in posture for decision with regard 

to the amount of the overpayment.

To determine the amount of the overpayment, the portion of SSA’s age-related retirement 

benefits that were attributable to federal service must be calculated. OWCP received conflicting 

4

5 U.S.C. § 8102(a).

5

Id. at § 8116.

6

20 C.F.R. § 10.421(d); see S.O., Docket No. 18-0254 (issued August 2, 2018); L.J., 59 ECAB 264 (2007).

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

8

Id. See also T.S., Docket No. 21-0028 (issued September 3, 2021); P.B., Docket No. 20-0862 (issued 

November 25, 2020); N.B., Docket No. 18-0795 (issued January 4, 2019).
6

dual benefits worksheets from SSA with respect to the specific amount of appellant’s SSA agerelated retirement benefits that were attributable to federal service.

On November 20, 2018 SSA completed a dual benefits form, which reported appellant’s 

SSA benefit rates with a FERS offset and without a FERS offset from April 2017 through 

December 2018. Beginning April 2017, the SSA rate with FERS was $960.00 and without FERS 

was $778.00. Beginning December 2017, the SSA rate with FERS was $980.00 and without FERS 

was $793.00. Beginning January 2018, the SSA rate with FERS was $1,008.00 and without FERS 

was $793.00. Beginning December 2018, the SSA rate with FERS was $1,036.00 and without 

FERS was $816.00.

OWCP received a second completed dual benefits form from SSA dated November 20, 

2018 that reported appellant’s SSA benefit rates with a FERS offset and without a FERS offset 

from January 2016 through December 2018. Beginning January 2016, the SSA rate with FERS 

was $1,179.00 and without FERS was $766.00. Beginning December 2016, the SSA rate with 

FERS was $1,183.00 and without FERS was $768.00. Beginning August 2017, the SSA rate with 

FERS was $1,183.00 and without FERS was $783.00. Beginning October 2017, the SSA rate with 

FERS was $1,206.00 and without FERS was $783.00. Beginning December 2018, the SSA rate 

with FERS was $1,263.50 and without FERS was $821.50.

On July 20, 2020 SSA completed a dual benefits form, which reported appellant’s SSA 

benefit rates with a FERS offset and without a FERS offset from October 2015 through 

December 2019. Beginning October and December 2015, the SSA rate with FERS was $1,162.00 

and without FERS was $766.00. Beginning January 2016, the SSA rate with FERS was $1,179.00 

and without FERS was $766.00. Beginning December 2016 and August 2017, the SSA rate with 

FERS was $1,183.00 and without FERS was $768.00. Beginning October 2017, the SSA rate with 

FERS was $1,206.00 and without FERS was $783.00. Beginning December 2017, the SSA rate 

with FERS was $1,230.00 and without FERS was $799.00. Beginning December 2018, the SSA 

rate with FERS was $1,263.50 and without FERS was $821.50. Beginning December 2019, the 

SSA rate with FERS was $1,284.60 and without FERS was $834.60.

The SSA dual benefits forms differed regarding the amounts of appellant’s SSA benefit 

rates without FERS, but OWCP did not seek clarification from SSA as to which figures were

correct or why they differed. The case must, therefore, be remanded for clarification from SSA 

regarding appellant’s age-related retirement benefit rate. It shall then issue a new preliminary 

overpayment determination with a new overpayment action request form, a new Form OWCP-20, 

and instructions for her to provide supporting financial information. After this and other such 

further development as deemed necessary, OWCP shall issue a de novo decision.9

CONCLUSION

The Board finds that appellant received an overpayment of compensation for which she 

was without fault, as she concurrently received SSA age-related retirement benefits and FECA 

wage-loss compensation for the period October 1, 2015 through September 20, 2020 without 

appropriate offset. The Board further finds that this case is not in posture for decision regarding 

the amount of the overpayment.

9

In light of the Board’s disposition of Issue 1, the remaining issues are rendered moot.
7

ORDER

IT IS HEREBY ORDERED THAT the November 16, 2020 decision of the Office of 

Workers’ Compensation Programs is affirmed in part and set aside in part. The case is remanded 

for further proceedings consistent with this decision of the Board.

Issued: February 15, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board