United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

S.J., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Charlotte, NC, Employer

_________________________________________

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Docket No. 22-0367

Issued: July 14, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

JURISDICTION

On January 14, 2022 appellant filed a timely appeal from a November 22, 2021 merit 

decision of the Office of Workers’ Compensation Programs (OWCP).1 Pursuant to the Federal 

Employees’ Compensation Act2 and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction 

over the merits of this case.3

1 Appellant submitted a timely request for oral argument before the Board. 20 C.F.R. § 501.5(b). Pursuant to the 

Board’s Rules of Procedure, oral argument may be held in the discretion of the Board. 20 C.F.R. § 501.5(a). In 

support of appellant’s oral argument request, appellant asserted that she was not in receipt of benefits under the Federal 

Employees Retirement System (FERS). The Board, in exercising its discretion, denies appellant’s request for oral 

argument because the arguments on appeal can adequately be addressed in a decision based on a review of the case 

record. Oral argument in this appeal would further delay issuance of a Board decision and not serve a useful purpose. 

As such, the oral argument request is denied and this decision is based on the case record as submitted to the Board.

2

5 U.S.C. § 8101 et seq.

3 The Board notes that,followingthe November 22, 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 OWCP properly determined that appellant received an 

overpayment of compensation in the amount of $26,208.18 during the period December 1, 2019 

through September 11, 2021 for which she was without fault, as she concurrently received Social 

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

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 

$818.74 every 28 days from appellant’s continuing compensation payments.

FACTUAL HISTORY

On November 27, 2002 appellant, then a 48-year-old business service network operations 

manager, filed an occupational disease claim (Form CA-2) alleging that she sustained severe 

anxiety, stress, depression, and hypertension as a result of psychological abuse in the workplace. 

She first became aware of the conditions in February 2002 and its relationship to her employment 

in March 2002. Appellant stopped work on October 28, 2002. On the reverse side of the claim 

form, a box was checked indicating that her retirement coverage was under the Federal Employees 

Retirement System (FERS). OWCP accepted the claim for recurring major depressive disorder, 

aggravation of hypertension, and aggravation of nonspecific dermatitis. It paid appellant wageloss compensation on the supplemental rolls beginning April 21, 2003 and on the periodic rolls 

beginning September 7, 2003. 

On September 16, 2021 OWCP provided SSA with a FERS/SSA dual benefits form. 

On September 22, 2021 SSA completed the dual benefits form, which indicated appellant’s 

SSA age-related retirement benefit rates with a FERS offset and without a FERS offset from 

December 2019 through December 2020. Beginning December 2019, the SSA rate with FERS 

was $2,037.80 and without FERS was $823.50. Beginning December 2020, the SSA rate with 

FERS was $2,064.20 and without FERS was $834.20.

On September 30, 2021 OWCP prepared a FERS offset overpayment calculation 

worksheet wherein it noted the calculation of appellant’s overpayment from December 1, 2019 

through September 11, 2021. It found that she had received an overpayment of compensation in 

the amount of $14,651.66 for the period December 1, 2019 through November 30, 2020 and in the 

amount of $11,556.59 for the period December 1, 2020 through September 11, 2021. The total 

overpayment was determined to be $26,208.26.

An OWCP manual adjustment form dated October 1, 2021 found that the total 

overpayment amount for the period December 1, 2019 through September 11, 2021 was 

$26,208.18. 

By letter dated October 1, 2021, OWCP advised appellant that, effective September 12, 

2021, her FECA wage-loss compensation benefits would be offset by her SSA age-related 

retirement benefits, every 28 days, in the amount of $1,135.38. Appellant’s new net wage-loss 

compensation payment every 28 days would be $3,274.34.

On October 15, 2021 OWCP issued a preliminary determination, finding an overpayment 

of compensation in the amount of $26,208.18 had been created for the period December 1, 2019 
3

through September 11, 2021 because appellant concurrently received SSA age-related retirement 

benefits and FECA wage-loss compensation without an appropriate offset. It requested that he

submit a completed overpayment recovery questionnaire Form OWCP-20 to determine a 

reasonable repayment method and advised him that he could request a waiver of the overpayment. 

OWCP further requested that appellant 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. Additionally, it further provided an overpayment action request 

form and notified him 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 November 22, 2021, OWCP finalized its determination that appellant 

had received an overpayment of compensation in the amount of $26,208.18 during the period 

December 1, 2019 through September 11, 2021 for which he was withoutfault, as she concurrently 

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

appropriate offset. It denied waiver of recovery of the overpayment as he had not requested waiver 

of the overpayment. OWCP required recovery of the overpayment by withholding $818.74 from 

appellant’s continuing compensation payments every 28 days. 

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 OWCP properly determined that appellant received an overpayment 

of compensation in the amount of $26,208.18 as she concurrently received SSA age-related 

retirement benefits and FECA wage-loss compensation for the period December 1, 2019 through 

September 11, 2021 without an appropriate offset.

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 (issued February3, 1997).
4

As noted, a claimant cannot receive concurrent FECA compensation for wage -loss and 

SSA retirement benefits attributable to federal service for the same period. 8 The information 

provided by SSA on September 22, 2021 accurately indicated that appellant had received SSA 

age-related retirement benefits that were attributable to her own federal service from December 1, 

2019 through September 11, 2021. Thus, the record establishes that appellant received an 

overpayment of FECA wage-loss compensation.9

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

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

respect to the specific amount of appellant’s SSA age-related retirement benefits that were 

attributable to her federal service. SSA provided its benefit rates with FERS and without FERS. 

The Board finds that OWCP properly determined the amount of the overpayment. It found that, 

since SSA benefits were paid monthly and FECA benefits were paid every 28 days, the monthly 

offset had to be adjusted to a 28-day payment cycle amount. OWCP provided its calculations for 

each relevant time period based on the SSA worksheet and calculated that the lack of offset from 

December 1, 2019 through September 11, 2021 resulted in an overpayment total of $26,208.18.

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

appellant received prohibited dual benefits totaling $26,208.18 for the period December 1, 2019 

through September 11, 2021.

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.”

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 

8

Supra note 5. See also N.B., Docket No. 18-0795 (issued January 4, 2019); A.C., Docket No. 18-1550 (issued 

February21, 2019).

9

Id.

10 5 U.S.C. § 8129.

11 20 C.F.R. § 10.438.
5

would defeat the purpose of FECA or be against equity and good conscience. 12 Appellant, 

however, had the responsibility to provide supporting financial information and documentation to 

OWCP.13

In its preliminary determination dated October 15, 2021, OWCP requested 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 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 her eligibility for waiver, the 

Board finds that OWCP properly denied waiver of recovery of the overpayment. 14

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.15 Section 

10.441(a) of OWCP’s implementing regulations16 providesthat if 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. 17

When an individual fails to provide requested information on income, expenses, and assets, 

OWCP should follow minimum collection guidelines. The Federal (FECA) Procedure Manual 

provides that, in these instances, OWCP should set the rate of repayment at 25 percent of the 28-

day net compensation amount until the balance of the overpayment is paid in full. 18

12 Id. at § 10.436.

13 Supra note 11. 

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

15 See C.A., Docket No. 18-1284 (issued April15, 2019); Lorenzo Rodriguez, 51 ECAB 295 (2000); Albert Pineiro, 

51 ECAB 310 (2000).

16 20 C.F.R. § 10.441(a).

17 Id.

18 Federal (FECA) Procedure Manual, Part 6 --Debt Management, Final Overpayment Determinations, Chapter 

6.500.8(c)(1) (September 2020).
6

ANALYSIS -- ISSUE 3

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

$818.74 from appellant’s continuing compensation payments every 28 days.

Along with the October 15, 2021 preliminary overpayment determination, OWCP 

requested that appellant complete a Form OWCP-20 and submit supporting financial 

documentation. The overpaid individual is responsible for providing information about income, 

expenses, and assets as specified by OWCP.19 When an individual fails to provide requested 

financial information, OWCP should follow minimum collection guidelines designed to collect 

the debt promptly and in full.20 As appellant did not submit the requested financial information 

and supporting documentation, the Board finds that OWCP properly required recovery of the 

$26,208.18 overpayment at the rate of $818.74 every 28 days from appellant’s continuing 

compensation payments.21

CONCLUSION

The Board finds that appellant received an overpayment of compensation in the amount of 

$26,208.18 for the period December 1, 2019 through September 11, 2021, for which she was 

without fault, as she concurrently received SSA age-related retirement benefits and FECA wageloss compensation without an appropriate offset. The Board further finds that OWCP properly 

denied waiver of recovery of the overpayment and properly required recovery of the overpayment 

by deducting $818.74 from appellant’s continuing compensation payments.

19 Supra note 11.

20 See A.S., Docket No. 19-0171 (issued June 12, 2019); Frederick Arters, 53 ECAB 397 (2002); supra note 18 at 

Chapter 6.400.3 (September 2020).

21 See E.K., Docket No. 18-0587 (issued October 1, 2018); S.B., Docket No. 16-1795 (issued March 2, 2017).
7

ORDER

IT IS HEREBY ORDERED THAT the November 22, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: July 14, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board