United States Department of Labor

Employees’ Compensation Appeals Board

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G.K., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

TRANSPORTATION SECURITY 

ADMINISTRATION, PALM SPRINGS 

INTERNATIONAL AIRPORT, 

Palm Springs, CA, Employer

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Docket No. 22-0024

Issued: June 7, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On October 5, 2021 appellant filed a timely appeal from a September 28, 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 $25,027.64, compromised to $19,500.00, for 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that following the September 28, 2021 decision, OWCP received additional evidence. 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

which she was without fault because she concurrently received FECA wage-loss compensation 

and Social Security Administration (SSA) age-related retirement benefits, without an appropriate 

offset for the period February 1, 2015 through January 30, 2021; (2) whether OWCP properly 

denied waiver of recovery of the overpayment; and (3) whether OWCPproperly required recovery 

of the overpayment by deducting $138.00 from appellant’s continuing compensation payments 

every 28 days. 

FACTUAL HISTORY

On February 25, 2015 appellant, then a 63-year-old transportation security officer, filed an 

occupational disease claim (Form CA-2) alleging a bulging disc in her neck due to factors of her 

federal employment including lifting heavy bags repetitively. Her retirement coverage was noted 

on the claim form as Federal Employees Retirement System (FERS). OWCP accepted the claim 

for neck sprain and displacement of cervical intervertebral disc without myelopathy. It paid 

appellant wage-loss compensation on the supplemental rolls commencing May 11, 2017 and on 

the periodic rolls since May 28, 2017. OWCP paid her wage-loss compensation based upon her 

loss of wage-earning capacity as of June 6, 2019.

On August 8, 2019 OWCP forwarded a FERS/SSA dual benefits form to SSA. 

On August 21, 2019 OWCP received a completed FERS/SSA dual benefits formfrom SSA 

setting forth appellant’s SSA age-related retirement benefit rates with FERS and without FERS 

commencing February 2015. With FERS appellant was entitled to a monthly SSA rate of $990.00 

effective February 2015; $991.00 effective January and June 2016; $991.80 effective 

November 2016; $994.00 effective December 2016; $1,004.00 effective January 2017; $1,024.00 

effective December 2017; $1,028.00 effective January 2018; and $1,056.50 effective 

December 2018. Without FERS she was entitled to $672.00 effective February 2015, and January 

and June 2016; $672.80 effective November 2016; $674.00 effective December 2016; $688.00 

effective December 2017; and $707.50 effective December 2018. 

On September 17, 2019 OWCP completed a FERS offset overpayment calculation form 

for the period May 11, 2017 until July 27, 2019. It determined the overpayment amount by 

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

overpayment amount was found to be $8,722.62. 

On October 24, 2019 OWCP notified appellant that it had been advised that she had been 

receiving SSA age-related retirement benefits since June 1, 2017. It explained that her federal 

service increased her monthly SSA age-related retirement benefits by $349.00, therefore her FECA 

benefits would be offset every 28 days in the amount of $322.15.

On January 9, 2021 OWCP forwarded another FERS/SSA dual benefits calculation 

worksheet to SSA. 

On January 21, 2021 OWCP received another completed FERS/SSA dual benefit 

calculation transmittal from SSA setting forth appellant’s SSA age-related retirement benefit rates

with FERS and without FERS commencing February 2015. With FERS, the monthly SSA rates 

were: $990.70 effective February 2015, $991.80 effective January 2016, $994.70 effective 

December 2016, $1,004.70 effective January 2017, $1,024.70 effective December 2017, $1,028.40 

effective January 2018, $1,057.20 effective December 2018, $1,074.10 effective December 2019, 
3

$1,077.40 effective January 2020, $1,091.30 effective December 2020. Without FERS, the

monthly SSA rates were: $662.30 effective February 2015, $662.30 effective January 2016, 

$664.20 effective December 2016, $664.20 January 2017, $677.40 effective December 2017, 

$677.40 effective January 2018, $696.40 effective December 2018, $707.50 effective 

December 2019, $714.30 effective January 2020, and $723.50 effective December 2020.

On February 19, 2021 OWCP completed a FERS offset overpayment calculation form 

wherein it calculated an overpayment for the period February 1, 2015 to January 30, 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 $25,027.64. 

In a preliminary overpayment determination dated February 19, 2021, OWCP advised 

appellant that she received a $25,027.64 overpayment of compensation for the period February 1, 

2015 through January 30, 2021 because her wage-loss compensation benefits had not been reduced 

by her SSA age-related retirement benefits attributable to her federal service. It also made a 

preliminary determination that she was without fault in the creation of this overpayment. OWCP 

advised appellant that she could submit evidence contesting the fact or amount of the overpayment. 

It instructed her to complete an overpayment recovery questionnaire (Form OWCP-20) to 

determine whether waiver should be granted, and if not, a reasonable repayment schedule. OWCP 

informed appellant that she should 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. It 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 March 4, 2021 appellant disagreed that an overpayment occurred and stated that she 

did not receive FERS retirement benefits as she had not retired. She requested waiver of recovery 

of the overpayment, asserting that she had a financial hardship.

In a compromise memorandum dated September 24, 2021, OWCP reduced appellant’s 

debt by $5,527.46.

By decision dated September 28, 2021, OWCP finalized the preliminary overpayment 

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

$25,027.64, compromised to $19,500.00 for the period February 1, 2015 through January 30, 

2021, for which she was without fault. It denied waiver of recovery of the overpayment and 

required recovery of the overpayment by deducting $138.00 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.3 Section 8116 limits the right of an employee to receive 

3

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.4

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 

attributable to the employee’s federal service.5 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. 6

ANALYSIS -- ISSUE 1

The Board finds that appellant received an overpayment of compensation because she 

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

without appropriate offset.

The record establishes that OWCP paid appellant wage-loss compensation on the 

supplemental and periodic rolls. The record also establishes that appellant concurrently received 

SSA age-related retirement benefits. A claimant cannot receive both FECA compensation for 

wage loss and SSA age-related retirement benefits attributable to federal service for the same 

period.7 The Board thus finds that fact of overpayment has been established.

The Board further finds that the period and amount of the overpayment are not in posture 

for decision. 

As previously noted, the record indicates that appellant first received FECA wage-loss 

compensation on May 11, 2017. However, OWCP finalized an overpayment for the period 

February 1, 2015 through January 30, 2021. Furthermore, SSA reported differing benefit rates in 

its transmittals dated August 21, 2019 and January 21, 2021. Therefore, the period and amount of 

overpayment remain unclear. The case must, therefore, be remanded to OWCP for further 

development.8

On remand, OWCP shall make new findings clarifying the period and amount of the 

overpayment. It shall then issue a new preliminary overpayment determination with an 

overpayment action request form, a Form OWCP-20, and instructions for providing updated 

4

Id. at § 8116.

5

20 C.F.R. § 10.421(d); L.D., Docket No. 21-0447 (issued September 28, 2021); T.B., Docket No. 18-1449 (issued 

March 19, 2019); S.M., Docket No. 17-1802 (issued August 20, 2018).

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

7

5 U.S.C. § 8116(d)(2); L.W., Docket No. 19-0787 (issued October 23, 2019); J.T., Docket No. 18-1791 (issued 

May 17, 2019).

8

See A.V., Docket No. 21-0887 (issued May 12, 2022).
5

supporting financial documentation. Following this and other such further development as deemed 

necessary, OWCP shall issue a de novo decision.

9

CONCLUSION

The Board finds that appellant has received an overpayment of compensation because she 

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

without appropriate offset. The Board further finds that the case is not in posture for decision 

regarding the period and amount of the overpayment. 

ORDER

IT IS HEREBY ORDERED THAT the September 28, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed in part, set aside in part, and remanded for further 

proceedings consistent with this decision of the Board.

Issued: June 7, 2022

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

9 Given the disposition of issue 1, issues 2 and 3 are moot.