United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

M.E., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Crossville, TN, Employer

__________________________________________

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Docket No. 20-0771

Issued: February 8, 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 February 24, 2020 appellant filed a timely appeal from a November 20, 2019 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

ISSUE

The issues are: (1) whether appellant received an overpayment of compensation in the 

amount of $36,012.79 for the period October 1, 2016 through September 14, 2019 for which she 

was without fault, because she concurrently received FECA wage-loss compensation and Social 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the November 20, 2019 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

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 it

properly required recovery of the overpayment by deducting $200.00 from appellant’s continuing 

compensation payments every 28 days.

FACTUAL HISTORY

On December 6, 2002 appellant, then a 48-year-old rural letter carrier, filed an 

occupational disease claim (Form CA-2) alleging that she experienced shoulder pain due to factors 

of her federal employment. She indicated that she had pain for several years in her arms, hands, 

and shoulder. Appellant reported that she first became aware of her condition on December 3, 

1999 and first realized its relation to her federal employment on May 16, 2002. She did not stop 

work, but worked in a limited-duty capacity. OWCP accepted appellant’s claim for aggravation 

of right shoulder rotator cuff tendinitis with impingement. On June 5, 2006 it expanded the 

acceptance of her claim to include calcifying tendinitis of the right shoulder, right shoulder sprain,

other symptoms referable to right shoulder, other disorder of the bursae and tendon of the right 

shoulder, and recurrent dislocation of the right shoulder region. Appellant underwent multiple 

surgeries3 and OWCP paid her wage-loss compensation on the supplemental rolls for intermittent 

periods of disability. 

On August 3, 2010 appellant stopped work again. OWCP paid her wage-loss compensation 

and placed her on the periodic rolls, effective September 26, 2010. 

On August 15, 2019 OWCP provided SSA with a Federal Employees Retirement System 

(FERS)/SSA dual benefits form. It listed the computation period as July 1, 2016 to the present. 

On August 20, 2019 SSA provided OWCP with a completed dual benefits form, which 

listed appellant’s monthly SSA age-related retirement benefit rates beginning October 2016 with 

and without appellant’s FERS contributions. The form indicated that: beginning October 2016, 

her SSA rate with FERS was $1,255.90 and without FERS was $265.90; beginning 

December 2016, her SSA rate with FERS was $1,260.00 and without FERS was $267.00; 

beginning December 2017, her SSA rate with FERS was $1,285.00 and without FERS was 

$272.00; and beginning December 2018, her SSA rate with FERS was $1,320.50 and without 

FERS was $279.50. 

On September 18, 2019 OWCP advised appellant that it was adjusting her wage-loss 

compensation, effective October 12, 2019, to offset the portion of her SSA age-related retirement 

benefits attributable to her federal service. It informed her that the potion 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. 

OWCP completed a FERS offset overpayment calculation worksheet dated 

September 17, 2019. It calculated the overpayment amount by determining the 28-day FERS 

offset amount for the days in each period and computed a total overpayment of $36,012.79. The 

form indicated that, from October 1 through November 30, 2016, appellant received an 

3 Appellant underwent OWCP-authorized right shoulder surgery on September 13, 2004 and June5, 2006.
3

overpayment in the amount of $1,990.88; from December 1, 2016 through November 30, 2017, 

she received an overpayment in the amount of $11,948.74; from December 1, 2017 through 

November 30, 2018, she received an overpayment in the amount of $12,189.40; and from 

December 1, 2018 through September 14, 2019, she received an overpayment in the amount of 

$9,883.78.

In a preliminary overpayment determination dated October 7, 2019, OWCP notified 

appellant that she had received an overpayment of compensation in the amount of $36,012.79, for 

the period October 1, 2016 through September 14, 2019, because it had failed to reduce her wageloss compensation benefits 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 a

completed overpayment recovery questionnaire (Form OWCP-20), with supporting financial 

documentation, to determine a reasonable payment method, and advised her that she could request 

waiver of recovery of the overpayment. Additionally, it provided an overpayment action request 

form and notified herthat within 30 days of the date of the letter she could request a teleconference, 

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

On November 4, 2019 OWCP received a completed Form OWCP-20 dated 

October 25, 2019. Appellant reported a total monthly income of $1,085.00 net from SSA benefits 

and total monthly expenses of $1,200.00. She also indicated that she had a checking account 

balance of $183.66 and a savings account balance of $5.27. Appellant provided a detailed list of 

her monthly bills. She listed expenses as $289.00 for automobile loan, $145.00 for automobile 

insurance, $200.28 for life insurance, $38.75 for cancer insurance, $393.79 for auto expenses, 

$220.00 for internet/telephone/cable and $421.00 for various credit cards. Appellant explained 

that the overpayment was not her fault because she always attached her SSA earning statement to 

her yearly forms and she did not receive any money from a FERS account. 

By decision dated November 20, 2019, OWCP finalized the preliminary overpayment 

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

of $36,012.79 for the period October 1, 2016 through September 14, 2019 because she 

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

without an appropriate offset. It also found that she was without fault in the creation of the 

overpayment, but denied waiver of recovery of the overpayment. OWCP determined that recovery 

of the overpayment would require deducting $200.00 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.4 Section 8116 limits the right of an employee to receive 

4

5 U.S.C. § 8102(a).
4

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 OWCP properly determined that appellant received an overpayment 

of compensation in the amount of $36,012.79 for the period October 1, 2016 through 

September 14, 2019, because she concurrently received FECA wage-loss compensation and SSA 

age-related retirement benefits without appropriate offset.8 

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

wage-loss compensation benefits under FECA, she was also receiving SSA age-related retirement 

benefits based upon her federal service. A claimant cannot receive both compensation for wageloss compensation benefits under FECA and SSA age-related retirement benefits attributable to 

federal service for the same period.9 The information provided by SSA established that appellant 

received SSA age-related retirement benefits that were attributable to federal service during the 

period October 1, 2016 through September 14, 2019. 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 that were attributable to 

federal service. SSA provided appellant’s age-related retirement benefit rates with FERS and 

without FERS for specific periods October 1, 2016 through September 14, 2019. OWCP provided 

its calculations for each relevant period based on SSA’s worksheet and determined that appellant

received an overpayment in the amount of $36,012.79. The Board, thus, finds that she received 

prohibited dual benefits for the period October 1, 2016 through September 14, 2019 totaling 

$36,012.79.

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

8 R.C., Docket No. 19-0845 (issued February 3, 2020); A.F., Docket No. 19-0054 (issued June 12, 2019).

9

Supra notes 6 and7.
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 

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.11 

Section 10.436 of OWCP’s implementing regulations provides that recovery of an 

overpayment would defeat the purpose of FECA if such recovery would cause hardship 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, also, if the beneficiary’s assets do not exceed a specified amount as determined by OWCP 

from data provided by the Bureau of Labor Statistics.12 An individual is deemed to need 

substantially all of his or her current income to meet current ordinary and necessary living expenses 

if monthly income does not exceed monthly expenses by more than $50.00.13 

Section 10.437 of OWCP’s implementing regulations provides that 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 attempting to repay the debt,

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

made, gives up a valuable right or changes his or her position for the worse. 14 OWCP’s procedures 

provide that, to establish that a valuable right has been relinquished, an individual must 

demonstrate that the right was in fact valuable, that he or she was unable to get the right back, and 

that his or her action was based primarily or solely on reliance on the payment(s) or on the notice 

of payment.15

ANALYSIS -- ISSUE 2

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

10 5 U.S.C. § 8129(a)-(b).

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

12 20 C.F.R. § 10.436. OWCP’s procedures provide that the assets must not exceed a resource base of $6,200.00 

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

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

Chapter 6.400.4a(2)(September 2018).

13 Id. at Chapter 6.400.4(a)(3) (September 2018). 

14 20 C.F.R. § 10.437; see E.H., Docket No. 18-1009 (issued January 29, 2019).

15 Supra note 12at Chapter 6.400.4(c)(3) (September 2020).
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 supporting financial information. 

Appellant completed a Form OWCP-20 on October 25, 2019 and noted a total monthly income of 

$1,085.00 from SSA benefits, total monthly expenses of $1,200.00, a checking account balance of 

$183.66, and a savings account balance of $5.27. She listed expenses as $289.00 for automobile 

loan, $145.00 for automobile insurance, $200.28 for life insurance, $38.75 for cancer insurance, 

$393.79 for automobile expenses, $220.00 for internet/telephone/cable and $421.00 for various 

credit cards. Appellant did not, however, provide sufficient supporting financial documentation 

to establish her purported income or expenses. Although she had been advised to submit 

documentation substantiating her income and expenses, she failed to provide sufficient 

documentation of her income and expenses as required by section 10.438 of its regulations. 17 

OWCP, therefore, did not have the financial information necessary to determine if appellant 

needed substantially all of her current income to meet current ordinary and necessary living 

expenses and, also, if her assets exceeded a specified amount as determined by OWCP.18

The Board also finds that appellant did not establish that she was entitled to waiver on the 

basis that recovery of the overpayment would be against equity and good conscience. Appellant

did not provide sufficient financial information to show that she would experience severe financial 

hardship in attempting to repay the debt or that she gave up a valuable right in reliance on her

wage-loss compensation benefits. She, therefore, did not establish that recovery of the 

overpayment was against equity and good conscience.19

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. 20

Section 10.441(a) of OWCP’s regulations21 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 

16 20 C.F.R. § 10.436.

17 See P.B., Docket No. 20-0862 (issued November 25, 2020); see also R.W., Docket No. 18-1059 (issued 

February6, 2019).

18 Supra notes 12and13.

19 R.C., supra note 8; M.A., Docket No. 18-1666 (issued April26, 2019).

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

21 Id. at § 10.441(a).
7

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.”

22

ANALYSIS -- ISSUE 3

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

$200.00 from appellant’s continuing compensation payments every 28 days.

OWCP provided appellant a Form OWCP-20 with its October 7, 2019 preliminary 

overpayment determination. It afforded her the opportunity to provide appropriate financial 

information and documentation to OWCP.23 Although appellant completed the Form OWCP-20 

overpayment recovery questionnaire she did not provide sufficient financial documentation to 

support herincome and expenses prior to the final November 20, 2019overpayment decision. The 

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

as specified by OWCP.24 When an individual fails to provide requested financial information, 

OWCP shall follow minimum collection guidelines designed to collect the debt promptly and in 

full.25 The Board, therefore, finds that OWCP properly required recovery of the $36,012.79

overpayment at the rate of $200.00 every 28 days 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 $36,012.79 for the period October 1, 2016 through 

September 14, 2019 for which she was without fault, because 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 and 

properly required recovery of the overpayment by deducting $200.00 from her continuing 

compensation payments every 28 days.

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

23 20 C.F.R. § 10.438.

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

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

Chapter 6.400.3 (September 2018).
8

ORDER

IT IS HEREBY ORDERED THAT the November 20, 2019 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: February 8, 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