United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

A.G., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

LOMA LINDA VA MEDICAL CENTER, 

Loma Linda, CA, Employer

__________________________________________

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Docket No. 22-0569

Issued: September 14, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On March 8, 2022 appellant filed a timely appeal from a February 28, 2022 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.2

ISSUES

The issues are: (1) whether OWCP properly determined that appellant received an 

overpayment of compensation in the amount of $599.14 for the period July 1 through November 7, 

2020 for which he was without fault, because he concurrently received FECA wage -loss 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that appellant submitted additional evidence on appeal. 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

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 OWCP properly required recovery of the overpayment by deducting $500.64 from 

appellant’s continuing compensation payments every 28 days.

FACTUAL HISTORY

On May 9, 2006 appellant, then a 51-year-old food service worker, filed a traumatic injury 

claim (Form CA-1) alleging that on May 2, 2006 he strained his right hip and leg when pushing a 

food cart while in the performance of duty. Appellant’s retirement system coverage was listed on 

the claim form as Federal Employees Retirement System (FERS).

OWCP accepted the claim for lumbar sprain and lumbosacral spondylosis without 

myelopathy. It paid appellant wage-loss compensation on the supplemental rolls, as of January 2, 

2009, and the periodic rolls, effective November 22, 2009. 

On September 10, 2020 OWCP contacted SSA to obtain the appropriate information to 

determine whether an offset of compensation benefits was required. 

On October 20, 2020 OWCP received a completed FERS/SSA dual benefits form from 

SSA, which indicated that appellant had been in receipt of SSA age-related retirement benefits

since July 1, 2020. The form listed appellant’s SSA age-related retirement benefit rate with and 

without a FERS offset. Beginning July 1,2020, the SSA rate with FERS was $1,120.90, and 

without FERS was $981.10.

OWCP completed a FERS offset overpayment calculation worksheet on

November 10, 2020. Itindicated that the FERS offset each month was $139.80, and every 28 days 

was $129.05. Therefore, during the period July 1 to November 7, 2020, appellant received an 

overpayment in the amount of $599.14. 

On November 10, 2020 OWCP issued a preliminary overpayment determination, finding 

that an overpayment of compensation in the amount of $599.14 had been created because it had 

failed to reduce appellant’s wage-loss compensation for the period July 1 through November 7, 

2020 to offset his SSA age-related retirement benefits that were attributable to federal service. It

determined that appellant was without fault in the creation of the overpayment because he relied 

on information given to him in writing by OWCP or another government agency. OWCP 

requested that appellant submit a completed overpayment recovery questionnaire (Form OWCP20) to determine a reasonable repayment method and advised appellant that he could request 

waiver of recovery of the overpayment. It further requested that he provide supporting financial 

documentation, including copies of income tax returns, bank account statements, bills, pay slips, 

and any other records to support income and expenses. OWCP also provided an overpayment 

action request form and notified appellant that, within 30 days of the date of the letter, he could 

request a telephone conference, a final decision based on the written evidence, or a prerecoupment 

hearing. No response was received. 

By decision dated February 28, 2022, OWCP finalized the preliminary overpayment 

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

of $599.14for the period July 1 through November 7, 2020, because he concurrently received SSA 
3

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

offset. It found that he was without fault in the creation of the overpayment, but denied waiver of 

recovery of the overpayment. OWCP noted that, as of the date of the decision, no response had 

been received to the preliminary overpayment determination and appellant had not requested 

waiver of recovery of the overpayment. It required recovery of the overpayment by deducting 

$500.64 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.3 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.4

Section 10.421(d) of OWCP’s implementing regulations requires that OWCP reduce the 

amount of compensation by the amount of any SSA age-related retirement benefits that are 

attributable to the employee’s federal service.5 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 

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

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $599.14, during the period July 1 through November 7, 2020, 

for which he was without fault, as he concurrently received FECA wage-loss compensation and 

SSA age-related retirement benefits without an appropriate offset.7

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

wage-loss under FECA, he also was receiving SSA age-related retirement benefits based upon his

federal service. A claimant cannot receive both compensation for wage loss under FECA and SSA 

age-related retirement benefits attributable to federal service for the same period.8 The information 

provided by SSA establishes that, during the period July 1 through November 7, 2020, appellant 

received SSA age-related retirement benefits that were attributable to federal service while he 

3

5 U.S.C. § 8102(a).

4

Id. at § 8116.

5

20 C.F.R. § 10.421(d); see B.W., Docket No. 21-0277 (issued May 6, 2022); S.M., Docket No. 17-1802 (issued 

August 20, 2018); L.J., 59 ECAB 264 (2007).

6 FECA Bulletin No. 97-09 (issued February3, 1997); see also N.B., Docket No. 18-0795 (issued January 4, 2019).

7 P.B., Docket No. 20-0862 (issued November 25, 2020); R.C., Docket No. 19-0845 (issued February 3, 2020); 

A.F., Docket No. 19-0054 (issued June 12, 2019).

8

20 C.F.R. § 10.421(d); see S.M., supra note 5; L.J., supra note 5.
4

concurrently received FECA benefits that were not reduced by the appropriate offset. 

Consequently, the fact of overpayment has been established.

To determine the amount of the overpayment, the portion of SSA’s benefits that were 

attributable to federal service must be calculated. OWCP received documentation from SSA with 

respect to the specific amount of SSA age-related retirement benefits. SSA provided appellant’s 

age-related retirement benefits rate with FERS and without FERS for the period covering July 1 

through November 7, 2020. OWCP provided its calculations for the relevant period based on the 

SSA worksheet, which established that appellant received an overpayment in the amount of 

$599.14. The Board, thus, finds that appellant received prohibited dual benefits for the period 

July 1 through November 7, 2020, totaling $599.14.

LEGAL PRECEDENT -- ISSUE 2

Section 8129 of FECA provides that an individual who is without fault in creating or 

accepting an overpayment is still subject to recovery of the overpayment unless adjustment or 

recovery would defeat the purpose of FECA or would be against equity and good conscience. 9 

Thus, a finding that appellant was without fault does not automatically result in waiver of the 

overpayment, OWCP must then exercise its discretion to determine whether recovery of the 

overpayment would defeat the purpose of FECA or would be against equity and good conscience.10

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. Failure 

to submit the requested information within 30 days of the request shall result in denial of waiver.11

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. 12

In its preliminary determination dated November 10, 2020, OWCP requested that appellant 

submit a completed Form OWCP-20 and supporting financial documentation, including copies of 

income tax returns, bank account statements, bills, pay slips, and any other records to support 

income and expenses. Appellant, however, did not respond. As such, OWCP did not have the 

financial information and supporting documentation necessary for it to determine if recovery of 

9

5 U.S.C. § 8129(a)-(b).

10 L.S., 59 ECAB 350 (2008).

11 20 C.F.R. § 10.438.

12 20 C.F.R. § 10.436.
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the overpayment would defeat the purpose of FECA or if recovery would be against equity and 

good conscience.

Consequently, as appellant did not submit the information required under 20 C.F.R. 

§ 10.438 of OWCP’s regulations, which was necessary to determine his eligibility for waiver, the 

Board finds that OWCP properly denied waiver of recovery of the overpayment.13

LEGAL PRECEDENT -- ISSUE 3

The Board’s jurisdiction over recovery of an overpayment is limited to reviewing those 

cases where OWCP seeks recovery from continuing compensation under FECA. 14

Section 10.441(a) of OWCP’s regulations15 provides in pertinent part:

“When an overpayment has been made to an individual who is entitled to further 

payments, the individual shall refund to OWCP the amount of the overpayment as 

soon as the error is discovered or his or her attention is called to same. If no refund 

is made, OWCP shall decrease later payments of compensation, taking into account 

the probable extent of future payments, the rate of compensation, the financial 

circumstances of the individual, and any other relevant factors, so as to minimize 

any hardship.”

16

ANALYSIS -- ISSUE 3

The Board finds that OWCP properly required recovery of the overpayment by deducting 

$500.64 every 28 days from appellant’s continuing compensation payments.

OWCP provided appellant a Form OWCP-20 with its November 10, 2020 preliminary 

overpayment determination and afforded him the opportunity to provide appropriate financial 

information and documentation.

17

 Appellant did not complete the Form OWCP-20 prior to the 

February 28, 2022 final overpayment decision. 

The overpaid individual is responsible for providing information about income, expenses, 

and assets as specified by OWCP.18 When an individual fails to provide requested financial 

information, OWCP should follow minimum collection guidelines designed to collect the debt 

13 See T.E., Docket No. 19-0348 (issued December 11, 2019).

14 20 C.F.R. § 10.441; see M.P., Docket No. 18-0902 (issued October 16, 2018).

15 Id. at § 10.441(a).

16 Id.;see C.M., Docket No. 19-1451 (issued March 4, 2020).

17 20 C.F.R. § 10.438.

18 20 C.F.R. § 10.438; M.A., Docket No. 21-0403 (issued December 17, 2021); B.G., Docket No. 20-0541 (issued 

April 28, 2021).
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promptly and in full.19 As appellant did not submit a completed Form OWCP-20 and supporting 

financial documentation as requested, the Board finds that OWCP properly required recovery of 

the overpayment from appellant’s continuing compensation payments at the rate of $500.64 every 

28 days.

CONCLUSION

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

of compensation in the amount of $599.14 for the period July 1 through November 7, 2020 for 

which he was without fault, because he concurrently received FECA wage-loss compensation and 

SSA age-related retirement benefits without an appropriate offset; and that OWCP properly denied 

waiver of recovery of the overpayment. The Board further finds that OWCP properly required 

recovery of the overpayment by deducting $500.64 from appellant’s continuing compensation 

payments every 28 days.

ORDER

IT IS HEREBY ORDERED THAT the February 28, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: September 14, 2022

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

19 M.A., id.; A.S., Docket No. 19-0171 (issued June12, 2019); Frederick Arters, 53 ECAB 397 (2002).