United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.Y., Appellant

and

U.S. POSTAL SERVICE, CARDISS COLLINS 

PROCESSING & DISTRIBUTION CENTER, 

Chicago, IL, Employer

__________________________________________

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Docket No. 22-0932

Issued: February 22, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On May 31, 2022 appellant filed a timely appeal from a March 15, 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 over 

the merits of this case.

ISSUES

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

overpayment of compensation in the amount of $39,307.48 for the period December 1, 2017 

through December 5, 2020, for which she was without fault, because she concurrently received 

FECA wage-loss compensation benefits 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 

1 5 U.S.C. § 8101 et seq.
2

overpayment by deducting $325.69 from appellant’s continuing compensation payments, every 28 

days.

FACTUAL HISTORY

On November 15, 2006 appellant, then a 53-year-old distribution clerk, filed an 

occupational disease claim (Form CA-2) alleging that she sustained a left shoulder injury due to 

factors of her federal employment including lifting and handling mail. She noted that she first 

became aware of her claimed injury on September 2, 1997, and first realized its relationship to her

federal employment on April 5, 2005. Appellant first stopped work in mid-2006. OWCP accepted 

her claim for left shoulder sprain/strain, left rotator cuff rupture, left shoulder impingement, 

disorder of bursae and tendons of the left shoulder region, and displacement of cervical 

intervertebral disc without myelopathy. It paid appellant wage-loss compensation on the 

supplemental rolls effective July 21, 2006, and on the periodic rolls effective February 10, 2013.

Appellant retired from the employing establishment on disability retirement effective 

July 29, 2013. In a form signed on January 27, 2020, she elected to receive FECA compensation 

in lieu of compensation under the Federal Employees Retirement System (FERS).

On November 20, 2020 OWCP sent a FERS/SSA dual benefits calculation form to SSA.

On December 7, 2020 OWCP received a completed FERS/SSA dual benefits form from

SSA, which reported that appellant received SSA age-related retirement benefits that were 

attributable to federal service commencing December 2017. SSA provided age-related retirement 

benefit rates with and without a FERS offset from December 2017 as follows: beginning 

December 2017, the SSA rate with FERS was $1,834.20 and without FERS was $777.00; 

beginning January 2018, the SSA rate with FERS was $1,834.20 and without FERS was $777.00; 

beginning December 2018, the SSA rate with FERS was $1,885.50 and without FERS was 

$798.70; beginning December 2019, the SSA rate with FERS was $1,915.70 and without FERS 

was $811.40; and beginning December 2020, the SSA rate with FERS was $1,940.50 and without 

FERS was $821.90.

On December 11, 2020 OWCP prepared a FERS offset overpayment calculation worksheet

wherein it noted the calculations of appellant’s overpayment from December 1, 2017 through 

December 5, 2020. It determined: for the period December 1 through 31, 2017, appellant received 

an overpayment of $1,080.44; for the period January 1 through November 30, 2018, appellant 

received an overpayment of $11,640.82; for the period December 1, 2018 through November 30, 

2019, appellant received an overpayment of $13,077.43; for the period December 1, 2019 through 

November 30, 2020, appellant received an overpayment of $13,324.41; and for the period 

December 1 through 5, 2020, appellant received an overpayment of $184.38. From December 1, 

2017 through December 5, 2020, she received a total overpayment of $39,307.48.

On January 6, 2021 OWCP advised appellant that it was adjusting her wage-loss 

compensation benefits to offset the portion of her SSA age-related retirement benefits attributable 

to her federal service. It informed her that the portion of the SSA benefits that she earned as a 

federal employee was part of the FERS retirement package and that FECA did not allow the 

simultaneous receipt of workers’ compensation and federal retirement benefits.
3

On January 20, 2021 OWCP notified appellant of its preliminary overpayment 

determination that she received an overpayment of compensation in the amount of $39,307.48 for 

the period December 1, 2017 through December 5, 2020, because she concurrently received FECA 

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

offset. It determined that she was without fault in the creation of the overpayment. OWCP 

requested that appellant submit a completed overpayment recovery questionnaire (Form OWCP20) to determine a reasonable payment method and advised her that she could request waiver of 

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

documentation, including copies of income tax returns, bank account statement, bills, and canceled 

check, pay slips, and any other records that support income and expenses. Additionally, OWCP

provided an overpayment action request form and notified appellant that, within 30 days of the 

date of the letter, she could request a final decision based on the written evidence, or a 

prerecoupment hearing.

In an overpayment action request form, signed on March 1, 2021, appellant requested 

waiver of recovery of the overpayment and also requested a prerecoupment hearing before a 

representative of OWCP’s Branch of Hearings and Review. She did not submit a completed 

overpayment recovery questionnaire. 

By decision dated March 31, 2021, OWCP denied appellant’s request for a prerecoupment 

hearing as untimely filed.

By decision dated March 15, 2022, OWCP finalized the preliminary overpayment 

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

$39,307.48, for the period December 1, 2017 through December 5, 2020, because she concurrently 

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

an appropriate offset. It further found that she was without fault in the creation of the overpayment, 

but, denied waiver of recovery because she failed to submit the requested financial information. 

OWCP required recovery of the overpayment by deducting $325.69 from appellant’s continuing 

compensation payments every 28 days.

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.2 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.3

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

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

2 5 U.S.C. § 8102.

3

Id. at § 8116.
4

attributable to the employee’s federal service.4 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.5

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $39,307.48 for the period December 1, 2017 through 

December 5, 2020 for which she was without fault, because she concurrently received FECA 

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

offset. 

OWCP paid appellant wage-loss compensation for disability due to her accepted 

employment injury on the supplemental rolls beginning July 21, 2006. Appellant received SSA 

age-related retirement benefits beginning December 1, 2017. As noted, a claimant cannot 

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

benefits attributable to federal service for the same period.6 The evidence of record indicates that, 

while appellant was receiving wage-loss compensation benefits under FECA, she was also 

receiving SSA age-related retirement benefits that were attributable to her federal service without 

an appropriate offset. Consequently, fact of overpayment has been established.7

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 a dual 

benefits calculation form from SSA with respect to appellant’s SSA age-related retirement benefits 

attributable to federal service. SSA provided its rate with FERS and without FERS for specific 

periods from December 1, 2017 through December 5, 2020. OWCP provided its calculations for 

each relevant period based on SSA’s worksheet and determined that appellant received an 

overpayment of compensation in the amount of $39,307.48. 

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

appellant received prohibited dual benefits in the amount of $39,307.48 for the period December 1, 

2017 through December 5, 2020.

8

4 20 C.F.R. § 10.421(d); see S.M., Docket No. 17-1802 (issued August 20, 2018).

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

6 M.R., Docket No. 20-0427 (issued October 30, 2020). See also N.B., id.; A.C., Docket No. 18-1550 (issued 

February 21, 2019).

7 See K.H., Docket No. 18-0171 (issued August 2, 2018).

8 See L.W., Docket No. 19-0787 (issued October 23, 2019); L.L., Docket No. 18-1103 (issued March 5, 2019).
5

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.9 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.10

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.11 Appellant, 

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

OWCP.12

In its preliminary overpayment determination, dated January 20, 2021, OWCP requested 

that appellant complete an overpayment recovery questionnaire and submit supporting financial 

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

and any other records to support her reported income and expenses. It advised appellant that it 

would deny waiver of recovery if she failed to furnish the requested financial information within 

30 days. Appellant, however, did not complete the overpayment questionnaire. The evidence of 

record is, therefore, insufficient to establish that recovery of the overpayment would defeat the 

purpose of FECA or be against equity and good conscience.13

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 compensation.

14

9 5 U.S.C. § 8129.

10 20 C.F.R. § 10.438.

11 Id. at § 10.436.

12 Supra note 10.

13 Id.

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

of Title 20 of the Code of Federal Regulations provides that, if an overpayment of compensation 

has been made to an individual entitled to future payments, proper adjustment shall be made by 

decreasing subsequent 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 

$325.69 from appellant’s compensation payments every 28 days.

The record reflects that appellant received FECA compensation benefits on the periodic 

rolls in the net amount of $1,302.74 every 28 days as of March 15, 2022. Appellant failed to 

submit a completed financial overpayment questionnaire as requested by OWCP.

OWCP’s procedures provide that, if no response to the preliminary overpayment 

determination is received, which provides supporting financial documentation, 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.17 The Board notes that 25 percent of $1,302.74 is $325.69. The Board,

therefore, finds that OWCP properly required recovery of the overpayment from appellant’s 

continuing compensation payments at the rate of $325.69 every 28 days.

CONCLUSION

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

compensation in the amount of $39,307.48 for the period December 1, 2017 through December 5, 

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

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

Board further finds that OWCP properly denied waiver of recovery of the overpayment and 

required recovery of the overpayment by deducting $325.69 from appellant’s continuing 

compensation payments every 28 days.

15 M.P., Docket No. 18-0902 (issued October 16, 2018); Albert Pinero, 51 ECAB 310 (2000); Lorenzo Rodriguez, 

51 ECAB 295 (2000).

16 20 C.F.R. § 10.441; see also P.J., Docket No. 18-0248 (issued August 14, 2018); Donald R. Schueler, 39 ECAB 

1056, 1062 (1988).

17 Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Debt Liquidation, Chapter 6.500.8(c)(1) 

(September 2018); M.W., Docket No. 20-1107 (issued March 17, 2021).
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ORDER

IT IS HEREBY ORDERED THAT the March 15, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: February 22, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board