United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

E.C., Appellant

and

U.S. POSTAL SERVICE, GENERAL MAIL 

FACILITY, Boston, MA, Employer

__________________________________________

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Docket No. 22-0501

Issued: September 12, 2022

Appearances: Case Submitted on the Record

Jacqueline Shanahan, Esq., for the appellant1

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On February 14, 2022 appellant, through counsel, filed a timely appeal from a November 29, 

2021 merit 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 November 29, 2021 decision, appellant submitted additional evidence to 

OWCP. 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 $34,582.14 for the period August 1, 2016 through 

March 27, 2021 for which she was without fault, because she concurrently received FECA wageloss 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 $300.00 from 

appellant’s continuing compensation payments every 28 days. 

FACTUAL HISTORY

On July 2, 1993 appellant, then a 42-year-old letter sorter machine clerk, filed an 

occupational disease claim (Form CA-2) alleging that she developed bilateral carpal tunnel 

syndrome due to factors of her federal employment, specifically performing repetitive motions over 

time. She indicated that she first became aware of her condition and realized its relationship to her 

federal employment on May 1, 1993. By decision dated September 22, 1993, OWCP accepted 

appellant’s claim for bilateral carpal tunnel syndrome. It paid her compensation for intermittent 

periods of disability. On June 2, 2008 appellantstopped work again. OWCP paid her compensation 

on the supplemental rolls, effective that date, and on the periodic rolls, effective July 6, 2008.

In a letter dated March 18, 2019, the employing establishment advised OWCP that appellant 

was entitled to receive SSA retirement benefits on account of her age and requested that it review 

her benefits to determine whether she qualified for the Federal Employees Retirement System 

(FERS) offset and subsequent reduction of wage-loss compensation benefits. It also requested that 

OWCP contact SSA to determine if appellant was, in fact, in receipt of SSA benefits.

In an April 3, 2019 response, OWCP advised the employing establishment that appellant had 

reached full retirement age on August 26, 2016 and that SSA had reported that her retirement 

benefits were not affected by her FERS. It explained that because herfederal earnings did not adjust 

her retirement benefits, no consideration needed to be given to apply the FECA-FERS offset to 

compensation.

OWCP received a FERS/SSA dual benefits form completed on June 28, 2018. The form 

listed appellant’s monthly SSA age-related retirement benefits beginning August 2016 with and 

without her FERS contributions. The form reported: beginning August 2016, appellant’s SSA rate 

with FERS and without FERS was $1,520.20; beginning December 2016, her SSA rate with FERS 

and without FERS was $1,524.70; and beginning December 2017, her SSA rate with FERS and 

without FERS was $1,555.10. The SSA representative noted that “all federal earnings -- no offset 

applies.”

In a Form CA-1032 completed on August 28, 2019, appellant responded “No” indicating 

that she was not receiving SSA benefits as part of an annuity for her federal employment.

In a Form CA-1032 completed on September 1, 2020, appellant responded “Yes” indicating 

that she was receiving SSA benefits as part of an annuity for her federal employment in the amount 

of $1,525.00 per month.
3

On February 10, 2021 SSA submitted a completed FERS/SSA dual benefits form to OWCP. 

The form listed appellant’s monthly SSA age-related retirement benefits beginning August 2016

with and without her FERS contributions. The form reported that: beginning August 2016, her

SSA rate with FERS was $924.90 and without FERS was $1,520.00; beginning December 2016, 

her SSA rate with FERS was $927.60 and without FERS was $1,524.00; and beginning 

December 2017, her SSA rate with FERS was $946.10 and without FERS was $1,555.00.

On March 18, 2021 SSA submitted another FERS/SSA dual benefits form to OWCP, which 

listed appellant’s monthly SSA age-related retirement benefits beginning December 2018 with and 

without her FERS contributions. The form reported that: beginning December 2018, her SSA rate

with FERS was $1,598.00 and without FERS was $972.50; beginning December 2019, her SSA rate 

with FERS was $1,624.00 and without FERS was $988.00; and beginning December 2020, her SSA 

rate with FERS was $1,645.00 and without FERS was $1,000.80.

Effective March 28, 2021, OWCP adjusted appellant’s compensation amount to include the 

offset of her SSA age-related retirement benefits attributable to her federal service.

On April 13, 2021 OWCP completed a FERS offset calculation form wherein it tabulated 

the overpayment from August 1, 2016 through March 27, 2021. It determined the overpayment 

amount by multiplying the daily FERS offset amount by the number of days in each period. OWCP 

found that the overpayment totaled $34,582.14.

On April 14, 2021 OWCP notified appellant of its preliminary overpayment determination 

that she had received an overpayment of compensation in the amount of $34,582.14 because it had 

failed to reduce her wage-loss compensation benefits for the period August 1, 2016 through 

March 27, 2021 by the portion of her SSA age-related retirement benefits that were attributable to 

federal service. It further advised her of its preliminary determination that she was without fault in 

the creation of the overpayment. OWCP requested that appellant submit an updated overpayment 

recovery questionnaire (Form OWCP-20) to determine a reasonable payment method. It further 

requested that she 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 further advised appellant that she could request a waiver of the overpayment and 

provided an overpayment action request form. It also provided an overpayment action request form 

and notified her that, within 30 days of the date of the letter, she could request a telephone 

conference, a final decision based on the written evidence, or a prerecoupment hearing.

On May 13, 2021 appellant requested a prerecoupment hearing before a representative of 

OWCP’s Branch of Hearings and Review.

By letter dated May 13, 2021, counsel noted her disagreement with the April 14, 2021 

preliminary overpayment determination and asserted that appellant was not receiving SSA benefits 

until October 2019 because SSA was recouping an overpayment. She cited to 5 U.S.C. 

§ 8116(d)(2) and FECA Bulletin No. 97-09 and argued that OWCP may only deduct FECA wageloss compensation benefits from SSA benefits that are “actually received.”

Counsel submitted a letter from SSA that informed appellant that she had received an 

overpayment for excess benefits for the period December 2002 through April 2010 and that her 

benefits would be withheld beginning March 2013 to recover the overpayment. She also submitted 
4

a letter dated February 25, 2020 from the U.S. Railroad Retirement Board regarding her SSA 

payments.

In a letter dated September 3, 2021, counsel requested a final decision based on the written 

evidence by a representative of OWCP’s Branch of Hearings and Review, in lieu of a prerecoupment 

hearing. She argued that appellant was not actually receiving SSA benefits until October 2019 due 

to an overpayment that was being recouped. Counsel also contended that some of appellant’s SSA 

benefits were not attributable to her federal service, but were instead received under the Railroad

Retirement Act (RRA). She requested that OWCP remand the case to determine an amended 

amount of overpayment.

OWCP received a letter dated August 23, 2021 from the U.S. Railroad Retirement Board 

containing information regarding appellant’s monthly annuity payments.

By decision dated November 29, 2021, OWCP’s hearing representative finalized the 

April 14, 2021 preliminary overpayment determination.

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 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.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 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 is 

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

benefits without an appropriate offset. 

Appellant completed a Form CA-1032 on September 1, 2020 and responded, “Yes”

indicating that she had received retirement benefits from SSA as part of an annuity for federal 

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

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 August20, 2018); L.J., 59 ECAB 264 (2007).

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

SSA age-related retirement benefits attributable to federal service.8 The evidence of record has 

established that appellant received SSA age-related retirement benefits that were attributable to her 

own federal service during a period of time that she received FECA wage-loss compensation. The 

Board finds that fact of overpayment, therefore, is established.

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

period and amount of the overpayment. 

The evidence of record does not contain evidence to support a finding that appellant was in 

receipt of SSA benefits attributable to her federal service beginning August 1, 2016. OWCP 

determined that appellant had received an overpayment of compensation based on the February 10 

and March 18, 2021 dual benefits calculation forms from SSA. On the forms SSA provided 

appellant’s SSA rate with and without FERS from August 2016 to the present. The Board finds, 

however, that there is conflicting information regarding whether appellant was in receipt of SSA

age-related retirement benefits attributable to her federal employment, effective August 1, 2016.9 

On April 3, 2019 OWCP advised the employing establishment that appellant had reached full 

retirement age on August 26, 2016. It further explained that no consideration needed to be given to 

apply the FECA-FERS offset to compensation and provided a FERS/SSA dual benefits form 

completed on June 24, 2018, which also indicated that no offset was needed. Additionally, counsel

has maintained that appellant did not receive SSA age-related retirement benefits until 

October 2019. Given the conflicting information of record regarding when appellant began to 

receive SSA age-related retirement benefits, the case must be remanded to OWCP for further 

development of the factual evidence.10 

On remand OWCP shall consult with SSA in order to determine the correct dates during 

which the overpayment occurred and the exact amount of the overpayment of compensation.

11

 It 

should then issue a new preliminary overpayment determination, with an overpayment action 

request form, Form OWCP-20, and instructions for appellant to provide supporting financial 

information. After this and other such further development as deemed necessary, it shall issue a de 

novo decision.12

CONCLUSION

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

without fault, because she concurrently received FECA wage-loss compensation and SSA agerelated retirement benefits without an appropriate offset. The Board further finds that the case is 

not in posture for decision regarding the period and amount of the overpayment.

8

Id. See also A.C., Docket No. 18-1550 (issued February 21, 2019).

9

See R.K., DocketNo. 19-0713 (issued October 20, 2020); see also J.M., Docket No. 15-1604 (issued May 23, 2016).

10 See S.H., Docket No. 20-1157 (issued December 23, 2020).

11 See J.H., Docket No. 19-1887 (issued June 16, 2020).

12 In light of the Board’s disposition of Issue 1, Issues 2 and 3, regarding waiver and recovery of the overpayment, 

respectively, are rendered moot.
6

ORDER

IT IS HEREBY ORDERED THAT the November 29, 2021 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: September 12, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board