United States Department of Labor

Employees’ Compensation Appeals Board

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F.B., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

DeSoto, MO, Employer

__________________________________________

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Docket No. 21-0680

Issued: February 23, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On March 22, 2021 appellantfiled a timely appeal from a February 16, 2021 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.2

ISSUES

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

overpayment of compensation in the amount of $2,299.34,for which she was without fault, for the 

period October 1, 2019 through January 2, 2021, because she concurrently received FECA wage1

5 U.S.C. § 8101 et seq.

2 The Board notes that following the February 16, 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

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 OWCP properly required recovery of the overpayment by deducting 

$107.00 from appellant’s continuing compensation payments every 28 days.

FACTUAL HISTORY

This case has previously been before the Board regarding different issues.

3

 The facts and 

circumstances as presented in the Board’s prior decisions are incorporated herein by reference. 

The relevant facts are as follows.

On November 17, 1995 appellant, then a 42-year-old part-time rural carrier associate, filed 

a traumatic injury claim (Form CA-1) alleging that she was injured in a November 15, 1995 motor 

vehicle accident while in the performance of duty. She stopped work on the date of injury and did 

not return. OWCP accepted the claim for closed sacrum/coccyx fracture, closed pubis fracture, 

closed spleen hematoma, closed four rib fractures, closed lumbar vertebra fracture, post 

hemorrhage anemia, forehead open wound, and foot/toe abrasion. 

OWCP paid appellant wage-loss compensation for total disability as of 

December 31, 1995. By decision dated June 9, 2008, it reduced her compensation, effective 

June 10, 2008, as the selected position of cashier/checker (retail trade) represented her wageearning capacity. OWCP determined that appellant retained a 73 percent wage-earning capacity.

On December 11, 2020 OWCP forwarded to SSA a FERS/SSA dual benefits form to obtain 

information regarding appellant’s receipt of SSA dual benefits. 

On December 16, 2020 SSA completed the form and indicated that appellant had received

SSA disability benefits from May 1996 until September 2019, and that she had received agerelated retirement benefits effective October 2019. The FERS/SSA dual benefits form indicated 

that beginning October 2019 the SSA benefit rates with a FERS offset was $955.40 and without a 

FERS offset was $806.00; beginning December 2019 the SSA benefit rates with a FERS offset 

was $970.60 and without a FERS offset was $818.80; and beginning December 2020 the SSA

benefit rates with a FERS offset was $983.20 and without a FERS offset was $829.40.

In a January 5, 2021 letter, OWCP notified appellant that her FECA wage-loss 

compensation had been adjusted based on the information provided by SSA regarding the amount 

of her age-related retirement benefits attributable to federal service. It advised that her new net 

FECA wage-loss compensation payments would be $286.03, beginning with her payment 

covering the period January 3 through 30, 2021.

OWCP completed a FERS offset overpayment calculation worksheet on January 5, 2021. 

It calculated the overpayment amount by determining the daily FERS offset amount and 

multiplying that amount by the number of days for the period October 1, 2019 through January 2, 

2021, for a total overpayment of $2,299.34. The form indicated: from October 1 through 

3 Docket No. 05-1315 (issued January 24, 2006); Docket No. 10-99 (issued July 21, 2010); Docket No. 11-1603 

(issued March 6, 2012); Docket No. 15-1188 (issued November 6, 2015). 
3

November 30, 2019, appellant received an overpayment of $300.45; from December 1, 2019 

through November 30, 2020, appellant received an overpayment of $1,831.57; and from 

December 1, 2020 through January 2, 2021, appellant received an overpayment of $167.32. 

On January 5, 2021 OWCP issued a preliminary overpayment determination finding that 

an overpayment of compensation in the amount of $2,299.34 had been created. It explained that 

the overpayment occurred because appellant’s SSA age-related retirement benefits that she 

received from October 1, 2019 through January 2, 2021 were partially based on credits earned 

while working for the Federal Government, and that this portion of her SSA benefit constituted a 

prohibited dual benefit. 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 afforded appellant 30 days to 

respond. 

On February 8, 2021 OWCP received appellant’s overpayment action request form, signed 

on February 3, 2021. Appellant related that she was requesting waiver of recovery of the 

overpayment as she was found to be without fault in its creation. She also related that she was 

drawing SSA benefits and that repayment would be a severe financial hardship. A completed 

Form OWCP-20 and financial documentation were not received.

By decision dated February 16, 2021, OWCP finalized its preliminary overpayment 

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

$2,299.34, for the period October 1, 2019 through January 2, 2021, because it had failed to offset 

her compensation payments by the portion of her SSA age-related retirement benefits that were 

attributable to federal service. 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 would be against equity and good conscience. OWCP required recovery of the overpayment by 

deducting $107.00 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 of an employee resulting from personal injury sustained while in the performance of his 

or her federal employment.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 When an overpayment of compensation has 

been made to an individual because of an error of fact or law, adjustment shall be made under 

4

5 U.S.C. § 8102(a).

5

Id. at § 8116.
4

regulations prescribed by the Secretary of Labor by decreasing later payments to which the 

individual is entitled.6

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

amount of compensation by the amount of SSA age-based benefits that are attributable to federal 

service of the employee.7 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.8

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $2,299.34, for the period October 1, 2019 through January 2, 

2021, as she concurrently received FECA wage-loss compensation and SSA age-related retirement 

benefits without an appropriate offset.

As noted, a claimant cannot concurrently receive FECA wage-loss compensation and SSA 

age-related retirement benefits attributable to federal service without an appropriate offset.

9

 The 

information provided by SSA established that appellant had received SSA age-related retirement 

benefits that were attributable to her federal service from October 1, 2019 through January 2, 2021. 

Consequently, the fact of the overpayment has been established.

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

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 that were attributable to federal service. SSA provided appellant’s age-related retirement

benefit rates with FERS and without FERS during the specific period October 1, 2019 through 

January 2, 2021. OWCP provided its calculation for each relevant period based on SSA’s 

worksheet.

The Board has reviewed OWCP’s calculation of benefits received by appellant for the 

period October 1, 2019 through January 2, 2021 and finds that an overpayment of compensation 

in the amount of $2,299.34 has been established.

6

Id. at § 8129(a).

7

20 C.F.R. § 10.421(d); see T.B., Docket No. 18-1449 (issued March 19, 2019); L.J., 59 ECAB 264 (2007).

8 FECA Bulletin No. 97-09 (February 3, 1997); see M.S.,Docket No. 20-0068 (issued May14, 2021).

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Id.; See D.W., Docket No. 20-1533 (issued May 27, 2021); M.R.,Docket No. 20-0427 (issued October 30, 2020); 

N.B., Docket No. 18-0795 (issued January 4, 2019); A.C.,Docket No. 18-1550 (issued February 21, 2019).
5

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. 10

The waiver or refusal to waive an overpayment of compensation by OWCP is a matter that 

rests within OWCP’s discretion pursuant to statutory guidelines.11

Recovery of an overpayment will defeat the purpose of FECA if such recovery would cause 

hardship to a currently or formerly entitled beneficiary because the beneficiary from whom OWCP 

seeks recovery needs substantially all of his or her current income, including compensation 

benefits, to meet current ordinary and necessary living expenses, and the beneficia ry’s assets do 

not exceed a specified amount as determined by OWCP. 12 Additionally, recovery of an 

overpayment is considered to be against equity and good conscience when an individual who 

received an overpayment would experience severe financial hardship in attempting to repay the 

debt or when an individual, in reliance on such payment or on notice that such payments would be 

made, gives up a valuable right or changes his or her position for the worse. 13

OWCP’s regulations provide 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. The information is also used to 

determine the repayment schedule, if necessary.14 Failure to submit the requested information 

within 30 days of the request shall result in a denial of waiver of recovery, and no further request 

for waiver shall be considered until the requested information is furnished. 15

ANALYSIS -- ISSUE 2

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

10 5 U.S.C. § 8129; 20 C.F.R. §§ 10.433, 10.434, 10.436, and 10.437; see M.C., Docket No. 19-0699 (issued 

February12, 2020).

11 A.C., Docket No. 18-1550 (issued February 21, 2019); see Robert Atchison, 41 ECAB 83, 87 (1989).

12 20 C.F.R. § 10.436(a)(b). For an individual with no eligible dependents the asset base is $6,200.00. The base 

increases to $10,300.00 for an individual with a spouse or one dependent, plus $1,200.00 for each additional 

dependent. Federal (FECA) Procedure Manual, Pa rt 6 -- Debt Management, Final Overpayment Determinations, 

Chapter 6.400.4(a)(2) (September 2020).

13 Id. at § 10.437(a)(b).

14 Id. at § 10.438(a); M.S., Docket No. 18-0740 (issued February 4, 2019).

15 Id. at § 10.438(b).
6

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. 16

The Board finds that appellant has not established that recovery of the overpayment would 

defeat the purpose of FECA because she has not provided the necessary supporting financial 

information. In its preliminary overpayment determination dated January 5, 2021, OWCP 

explained the importance of providing the completed overpayment questionnaire and supporting 

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

pay slips, and any other records to support income, expenses, and assets. Appellant, however, did 

not complete the Form OWCP-20 or provide any supporting documentation regarding herincome, 

expenses, or assets. As appellant did not submit the information required under section 10.438 of 

OWCP’s regulations, which was necessary to determine her eligibility for waiver, OWCP properly 

denied waiver of recovery of the overpayment.

17

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. 18

Section 10.441(a) of OWCP s regulations19 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.”

20

ANALYSIS -- ISSUE 3

The Board finds that OWCP improperly required recovery of the overpayment by 

deducting $107.00 from appellant’s continuing compensation payments every 28 days. 

While appellant requested waiver of recovery of the overpayment, she did not complete 

the Form OWCP-20 or otherwise provide financial information. OWCP’s regulations provide that 

16 20 C.F.R. § 10.436.

17 D.C., Docket No. 19-0118 (issued January 15, 2020); see S.B.,Docket No. 16-1795 (issued March 2, 2017).

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

19 Id. at § 10.441(a).

20 Id.;see C.M., Docket No. 19-1451 (issued March 4, 2020).
7

the overpaid individual is responsible for providing information about income, expenses, and 

assets as specified by OWCP.21 

When an individual fails to provide requested financial information, OWCP should follow 

minimum collection guidelines designed to collect the debt promptly and in full. 22 The Federal 

(FECA) Procedure Manual provides that, in these instances, OWCP should set the rate of recovery 

at 25 percent of the 28-day net compensation amount until the balance of the overpayment is paid 

in full.23 

The record reflects that on January 5, 2021, OWCP notified appellant that her FECA wageloss compensation had been adjusted based on the information provided by SSA regarding the 

amount of her age-related retirement benefits attributable to her federal service. It advised that 

appellant’s new net FECA wage-loss compensation payments would be $286.03, beginning with 

her payment covering the period January 3 through 30, 2021. The Board notes that 25 percent of 

$286.03 is $71.51. The Board therefore finds that OWCP improperly required recovery of the 

overpayment by deducting $107.00 from appellant’s continuing compensation payments. 

CONCLUSION

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

of compensation in the amount of $2,299.34, for which she was without fault, for the period 

October 1, 2019 through January 2, 2021, as she concurrently received FECA wage-loss 

compensation and SSA age-related retirement benefits, without an appropriate offset. The Board 

further finds that OWCP properly denied waiver of recovery of the overpayment. However, the 

Board finds that OWCP improperly required recovery of the overpayment by deducting $107.00 

from her continuing compensation payments every 28 days. 

21 Supra note 14at § 10.438. See also A.F., Docket No. 19-0054 (issued June 12, 2019).

22 See A.S., Docket No. 19-0171 (issued June 12, 2019); Frederick Arters, 53 ECAB 397 (2002).

23 Supranote 12at Chapter 6.500.8(c)(1) (September 2018); M.S., supra note 14; D.H., Docket No. 20-1064 (issued 

December 14, 2020).
8

ORDER

IT IS HEREBY ORDERED THAT the February 16, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed in part, and reversed in part.

Issued: February 23, 2022

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