United States Department of Labor

Employees’ Compensation Appeals Board

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N.T., Appellant

and

U.S. POSTAL SERVICE, HOLLY HILL POST 

OFFICE, Holly Hill, SC, Employer

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Docket No. 21-1288

Issued: July 14, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On August 23, 2021 appellant filed a timely appeal from a February 23, 2021 merit 

decision of the Office of Workers’Compensation Programs (OWCP).1 The Clerk of the Appellate 

Boards assigned Docket No. 21-1288 to the appeal.

2

On June 11, 2001 appellant, then a 46-year-old rural carrier associate, filed a traumatic 

injury claim (Form CA-1) alleging that on April 27, 2001 she experienced increased soreness and 

discomfort in the right elbow and upper arm when casing mail and driving her route while in the 

1 The Board notes that, following the February 23, 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 Under the Board’sRules of Procedure, the 180-day time period for determining jurisdiction is computed beginning 

on the day following the date of OWCP’s decision. An appeal is considered filed upon receipt by the Clerk of the 

Appellate Boards. See 20 C.F.R. § 501.3(e)-(f). One hundred and eighty days from February 23, 2021, the date of 

OWCP’s last decision, was August 22, 2021, which was a Sunday. Pursuant to 20 C.F.R. § 501.3(f)(2), when the last 

day of the period so computed is a Saturday, Sunday, or Federal holiday, the period runs to the close of the next 

business day, which would be Monday, August 23, 2021. The appeal was received on Monday, August 23, 2021, 

rendering it timely.
2

performance of duty. On the reverse side of the claim form, the employing establishment indicated 

that appellant was enrolled in the Civil Service Retirement System (CSRS). OWCP accepted the 

claim for right rotator cuff tendinitis. It paid appellant wage-loss compensation on the 

supplemental rolls, effective March 9, 2002, and on the periodic rolls, effective April 15, 2007.

On February 4, 2020 OWCP forwarded a Federal Employees Retirement System (FERS)/ 

Social Security Administration (SSA) dual benefits form to SSA to obtain information regarding 

appellant’s receipt of SSA age-related retirement benefits. It listed the computation period as 

December 2016 to the present.

On March 2, 2020 OWCP received the completed FERS/SSA dual benefits form, wherein 

SSA reported her SSA age-related retirement benefit rates with and without a FERS offset 

beginning July 2019. 

In a FERS offset overpayment calculation worksheet dated March 12, 2020, OWCP used 

the information provided by SSA to calculate the 28-day FERS offset for the relevant periods and 

calculated a total overpayment in the amount of $7,343.39.

On March 18, 2020 OWCP issued a preliminary overpayment determination that appellant 

was overpaid compensation in the amount of $7,343.39 for the period July 1, 2019 through 

February 29, 2020 because the FERS/SSA offset was not applied to payments for this period. It 

included the 28-day FERS offset calculations from July 1, 2019 through February 29, 2020 for her 

review. OWCP determined that appellant was without fault in the creation of the overpayment. It 

requested that she submit a completed overpayment recovery questionnaire (Form OWCP-20) to 

determine a reasonable repayment method and advised her that she could request waiver of 

recovery of the overpayment. OWCP requested financial information, including copies of income 

tax returns, bank account statements, bills, pay slips, and any other records to support income and 

expenses. It advised appellant that it would deny waiver if she failed to furnish the requested 

financial information within 30 days. OWCP provided an overpayment action request form and 

further notified her that, within 30 days of the date of the letter, she could contest the overpayment 

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

In an April 18, 2020 overpayment action request form, appellant requested that OWCP 

issue a decision based on the written evidence. She requested waiver of recovery of the 

overpayment because she disagreed with the fact and amount of overpayment and because she was 

found to be without fault in the creation of the overpayment. On a completed Form OWCP-20 

dated April 18, 2020, appellant reported monthly income of between $1,900.00 and $2,100.00 for 

herself and approximately $2,400.00 for her husband. She also listed her usual monthly expenses 

totaling $3,214.00. Appellant indicated that she owned 14 acres of land shared with her sisters. 

She stated on the form, “I am not a FERS employee.” No supporting financial documentation was 

received.

By decision dated February 23, 2021, OWCP finalized its preliminary overpayment 

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

of $7,343.39 because the FERS/SSA offset had not been applied to payments for the period July 1, 

2019 through February 29, 2020. It further found that she was without fault in the creation of the 
3

overpayment, but denied waiver of recovery, because she had not provided sufficient information 

to support the waiver. OWCP required recovery of the overpayment in full.

The Board, having duly considered this matter, finds that OWCP failed to properly develop 

the underlying issue of whether appellant’s SSA age-related retirement benefits were attributable 

to federal employment.3

OWCP’s procedures provide that an overpayment occurs when FECA compensation is not 

reduced by the FERS/SSA offset amount. Since SSA will not report an offset amount until after 

SSA benefits are received, an overpayment will almost always occur and will need to be calculated 

for each period in which the offset amount was not withheld from compensation. 4 The offset 

provision of 5 U.S.C. § 8116(d)(2) and applicable regulations apply to SSA age-related retirement 

benefits that are attributable to federal service.5 FECA Bulletin No. 97-09 provides that FECA 

benefits have to be adjusted for the FERS portion of SSA age-related retirement benefits because 

the portion of the SSA benefit earned as a federal employee is part of the FERS retirement package, 

and the concurrent receipt of FECA benefits and federal retirement is a prohibited dual benefit.6 

In identifying the fact and amount of overpayment of compensation following a claimant’s receipt 

of SSA age-related retirement benefits, the Board has observed that OWCP uses a FERS offset 

calculation worksheet.7 This calculation worksheet is sent to SSA and the completed form is 

returned to OWCP setting forth purported SSA calculations as to the effective date and rate of SSA 

benefits without FERS and the effective date and rate of SSA benefits with FERS.8 Following 

receipt of the purported SSA calculations, a preliminary determination of overpayment is issued if 

a prohibited dual benefit was received.9

The Board has observed, however, that not all federal employees are enrolled in FERS.

Some FECA claimants are enrolled in another retirement program, such as CSRS. Other federal 

employees are not entitled to be enrolled in a federal retirement program. Therefore, OWCP’s 

procedures with regard to requesting offset information are not applicable to all recipients of FECA 

compensation and SSA age-related retirement benefits.10 Thus, the information solicited on the 

3

See Order Reversing Case, W.G., Docket No. 20-1389 (issued June 30, 2021); Order Reversing Case, R.L., 

Docket No. 20-1333 (issued May 13, 2021); Order Reversing Case, J.L., Docket No. 19-1806 (issued July 29, 2020);

see also A.C., Docket No. 19-0174 (issued July 9, 2019).

4 Federal (FECA) Procedure Manual, Part 6 - Debt Management, Identifying and Calculating an Overpayment, 

Chapter 6.200.1h (September 2020).

5

See 5 U.S.C. § 8116(a), (d); 20 C.F.R. § 10.421(a).

6 FECA Bulletin No. 97-09 (issued February3, 1997); see also N.B., Docket No. 18-0795 (issued January 4, 2019).

7

Id.

8

Id.

9

J.L., supra note 3.

10 See Federal (FECA) Procedure Manual, Part 2 --Claims, Periodic Review of Disability Claims, Chapter 2.812.9c 

(May 2012).
4

FERS/SSA dual benefits form that OWCP sends to SSA is not applicable to non-FERS claimants 

and does not establish either the fact or amount of an overpayment.11

Herein, the evidence of record does not establish that appellant was enrolled in FERS. On 

her June 11, 2001 Form CA-1 the employing establishment indicated that she was enrolled in 

CSRS. Additionally, on her Form OWCP-20 dated April 18, 2020, appellant stated, “I am not a 

FERS employee.” OWCP has not provided evidence to establish that she was enrolled in FERS 

or that she subsequently elected FERS coverage.12 The Board, thus, finds that OWCP improperly 

determined that appellant received an overpayment of compensation in the amount of $7,343.39 

for the period July 1, 2019 through February 29, 2020. Accordingly,

IT IS HEREBY ORDERED THAT the February 23, 2021 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: July 14, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

11 See Order Reversing Case, P.C. (R.C.), Docket No. 20-1546 (issued May 4, 2021).

12 See generally 5 U.S.C. § 8401 et seq.; 5 C.F.R. Part 846.