United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

F.L., Appellant

and

U.S. POSTAL SERVICE, BROOKHOLLOW 

STATION POST OFFICE, Dallas, TX, Employer

__________________________________________

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Docket No. 23-1030

Issued: December 11, 2023

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

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On July 26, 2023 appellant filed a timely appeal from January 27, 2023 merit decision of 

the Office of Workers’Compensation Programs (OWCP).1 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 Under the Board’s Rules of Procedure, an appeal must be filed within 180 days from the date of the last OWCP 

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 January 27, 2023, the date of OWCP’s decision, was 

July 26, 2023. Since using July 27, 2023, the date the appeal was received by the Clerk of the Appellate Boards, 

would result in the loss of appeal rights, the date of the postmark is considered the date of filing. The date of the 

U.S. Postal Service postmark is July 26, 2023, which renders the appeal timely filed. See 20 C.F.R. § 501.3(f)(1).

2

5 U.S.C. § 8101 et seq.

3 The Board notes that,followingthe January 27, 2023 decision, appellant submitted additional evidence to 

OWCP and with his appeal to the Board. 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 $17,648.43 for the period June 1, 2020 through 

September 10, 2022, for which he was without fault, because he 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

overpayment by deducting $459.72 from appellant’s continuing compensation payments every 

28 days.

FACTUAL HISTORY

On April 25, 2017 appellant, then a 61-year-old letter carrier, filed an occupational 

disease claim (Form CA-2) alleging that he sustained a back injury due to factors of his federal 

employment as a career employee. He indicated that he first became aware of the condition on 

March 17, 2017. On the second page of the claim form, appellant’s supervisor indicated that 

appellant’s retirement coverage was under the Federal Employees Retirement System (FERS). 

OWCP accepted the claim for bilateral hip trochanteric bursitis, bilateral primary osteoarthritis of 

the hip, dislocation of L2-3 lumbar vertebra, spondylolisthesis of lumbosacral region, and spinal 

stenosis of the lumbar region. It paid appellant wage-loss compensation on the supplemental 

rolls beginning February 20, 2018 and on the periodic rolls beginning September 16, 2018. 

On July 20, 2022 OWCP sent SSA a FERS/SSA dual benefits form for completion. 

On a completed dual benefits form dated July 25, 2022, SSA reported appellant’s SSA 

age-related retirement benefit rates with and without FERS for the period June 2020 through 

December 2021. With FERS, appellant was entitled to $1,553.20 effective June 2020; $1,573.40

effective December 2020; and $1,666.10 effective December 2021. Without FERS, he was 

entitled to $928.90 effective June 2020; $940.90 effective December 2020; and $996.30 effective 

December 2021. 

In a September 28, 2022 FERS offset overpayment calculation worksheet, OWCP 

calculated appellant’s FERS/SSA offset for each month from June 1, 2020 through 

September 10, 2022 and the amount of the overpayment for each period, for a total overpayment 

amount of $17,648.43. 

On November 30, 2022 OWCP issued a preliminary overpayment determination, finding 

that an overpayment of compensation in the amount of $17,648.43 had been created because it 

paid appellant wage-loss compensation payments for the period June 1, 2020 through 

September 10, 2022 that had not been reduced to offset his SSA age-related retirement benefits 

attributable to his federal service. It noted its calculations that between June 1 and November 30, 

2020 he received an overpayment of $3,766.40; between December 1, 2020 and November 30, 

2021 he received an overpayment of $7,610.90; and between December 1, 2021 and 

September 10, 2022 he received an overpayment of $6,271.13. OWCP determined that appellant

was without fault in the creation of the overpayment. It requested that he submit a completed 

overpayment recovery questionnaire (Form OWCP-20) to determine a reasonable payment 
3

method and advised him that he could request waiver of recovery of the overpayment. OWCP

further requested that appellant provide supporting financial documentation, including copies of 

income tax returns, bank account statements, bills, canceled checks, pay slips, and any other 

records which support income and expenses. Additionally, it provided an overpayment action 

request form and notified him that, within 30 days of the date of the letter, he could request a 

final decision based on the written evidence or a prerecoupment hearing. No response was 

received.

By decision dated January 27, 2023, OWCP finalized the preliminary overpayment 

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

amount of $17,648.43 for the period June 1, 2020 through September 10, 2022 because it failed 

to offset his compensation payments by the portion of his SSA age-related retirement benefits 

that were attributable to his federal service. It further found that he was without fault in the 

creation of the overpayment, but denied waiver of recovery of the overpayment. OWCP required

recovery of the overpayment by deducting $459.72 from appellant’s continuing compensation 

payments every 28 days.

LEGAL PRECEDENT -- ISSUE 1

Section 8102(a) of FECA4 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.5 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.6

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.7 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. 8

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $17,648.43 for the period June 1, 2020 through September 10, 

4

Supra note 2.

5

5 U.S.C. § 8102.

6

Id. at § 8116.

7

20 C.F.R. § 10.421(d); D.F., Docket No. 21-0652 (issued January 25, 2023); see S.M., Docket No. 17-1802 

(issued August 20, 2018).

8 FECA Bulletin No. 97-09 (issued February 3, 1997); C.W., Docket No. 22-1012 (issued January 20, 2023); see 

also P.P., Docket No. 22-0819 (issued November 23, 2022); N.B., Docket No. 18-0795 (issued January 4, 2019).
4

2022, for which he was without fault, because he concurrently received FECA wage -loss 

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

The case record establishes that appellant received SSA age-related retirement benefits 

beginning June 2020. OWCP paid him wage-loss compensation on the supplemental rolls 

beginning February 20, 2018, and on the periodic rolls beginning September 16, 2018. As noted, 

a claimant cannot receive concurrent FECA compensation for wage-loss and SSA age-related 

retirement benefits attributable to federal service without an appropriate offset. 9 The information 

provided by SSA indicated that a portion of appellant’s SSA age-related retirement benefits was 

attributable to his federal service. Accordingly, the Board finds that fact of overpayment has 

been established.10

To determine the amount of the overpayment, the portion of SSA age-related retirement 

benefits attributable to federal service must be calculated. OWCP received documentation from 

SSA with respect to appellant’s SSA age-related retirement benefits that were attributable to 

federal service. SSA provided its benefit rates with FERS and without FERS for specific periods 

June 2020 through December 2021. OWCP provided its calculations for each relevant period 

based on SSA’s worksheet and determined that appellant received an overpayment in the amount 

of $17,648.53. The Board has reviewed OWCP’s calculation of dual benefits received by him

for the period June 1, 2020 through September 10, 2022 and finds that an overpayment of 

compensation in the amount of $17,648.53 was created.11

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.12 The waiver or refusal to waive an overpayment of compensation by OWCP 

is a matter that rests within OWCP’s discretion pursuant to statutory guidelines.13

Recovery of an overpayment will defeat the purpose of FECA when such recovery would 

cause hardship to a currently or formerly entitled beneficiary 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 the 

9

20 C.F.R. § 10.421(d); S.M.,supra note 7; F.K., Docket No. 20-1609 (issued June 24, 2021); A.C., Docket No. 

18-1550 (issued February 21, 2019).

10 D.F., supra note 7; see L.K., Docket No. 20-1574 (issued June 23, 2021); S.H., Docket No. 20-1157 (issued 

December 23, 2020).

11 D.F., id.; see N.B., Docket No. 20-0727 (issued January 26, 2021); L.L., Docket No. 18-1103 (issued 

March 5, 2019).

12 5 U.S.C. § 8129.

13 D.W., Docket No. 23-0137 (issued June 23, 2023); A.C., supra note 9; Robert Atchison, 41 ECAB 83, 

87 (1989).
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beneficiary’s assets do not exceed a specified amount as determined by OWCP. 14 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 

$50.00.15

Additionally, 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 in attempting to repay the debt or when an individual, in reliance on such payment or on 

notice that such payments would be made, gives up a valuable right or changes his or her 

position for the worse.16

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. The 

information is also used to determine the repayment schedule, if necessary. 17 Failure to submit 

the requested information within 30 days of the request shall result in a denial of waiver of 

recovery, and no further request for waiver shall be considered until the requested information is 

furnished.18

ANAYLSIS -- 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 of 

recovery of the overpayment 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.

19

 Appellant had the responsibility to provide financial information 

to OWCP,

20 but failed to do so.

In its preliminary overpayment determination, dated November 30, 2022, OWCP 

requested that appellant provide a completed Form OWCP-20 and supporting financial 

14 20 C.F.R. § 10.436(a)(b). For an individual with no eligible dependents the asset base is $6,200.00. The base 

increases to $10,300.00 for an individual with a spouse or one 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), (3) (September 2020).

15 Id. at Chapter 6.400.4a(3); D.F., supra note 7; N.J., Docket No. 19-1170 (issued January 10, 2020); M.A., 

Docket No. 18-1666 (issued April 26, 2019).

16 20 C.F.R. § 10.437(a)-(b).

17 Id. at § 10.438(a); C.W., supra note 8; M.S., Docket No. 18-0740 (issued February 4, 2019).

18 Id. at § 10.438(b).

19 Id. at § 10.436.

20 Id. at § 10.438; D.W., supra note 13; S.P., Docket No. 19-1318 (issued July 31, 2020).
6

documentation, including income tax returns, bank account statements, bills and cancelled 

checks, pay slips, and any other records to support his reported income and expenses. It afforded 

him 30 days to submit the necessary information. Appellant did not submit a Form OWCP-20 or 

otherwise submit the financial information necessary for OWCP to determine if recovery of the

overpayment would defeat the purpose of FECA or be against equity and good conscience prior 

to the final decision issued on January 27, 2023.

Accordingly, as appellant has not submitted the information required under 20 C.F.R. 

§ 10.438 of OWCP’s regulations to determine his eligibility for waiver, OWCP properly denied 

waiver of recovery of the overpayment.

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. 21

Section 10.441(a) of OWCP’s regulations22 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 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.”

23

ANALYSIS -- ISSUE 3

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

$459.72 from appellant’s continuing compensation payments every 28 days.

OWCP provided appellant a Form OWCP-20 with its November 30, 2022 preliminary

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

information and documentation to OWCP. Appellant, however, did not complete the Form 

OWCP-20 or otherwise provide the necessary financial information to support his income and 

expenses prior to the final January 27, 2023 overpayment 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 should 

21 20 C.F.R. § 10.441; D.W., supra note 13; see M.P., Docket No. 18-0902 (issued October 16, 2018).

22 Id. at § 10.441(a).

23 Id.; J.H., Docket No. 22-1375 (issued May 16, 2023);see C.M., Docket No. 19-1451 (issued March 4, 2020).

24 20 C.F.R. § 10.438(a).
7

follow minimum collection guidelines designed to collect the debt promptly and in full.

25

 As 

appellant did not submit financial information as requested, the Board finds that OWCP 

reasonably required recovery by deducting $459.72 from his continuing compensation payments 

every 28 days.

26

CONCLUSION

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

of compensation in the amount of $17,648.43 for the period June 1, 2020 through September 10, 

2022, for which he was without fault, because he 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 $459.72 from his continuing compensation 

payments every 28 days.

ORDER

IT IS HEREBY ORDERED THAT the January 27, 2023 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: December 11, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy 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

25 D.W., supra note 13; J.A., Docket No. 19-1946 (issued July13, 2020);Frederick Arters, 53 ECAB 397 (2002);

supra note 14 at Chapter 6.500.2 (September 2020).

26 D.W., id.; E.K., Docket No. 18-0587 (issued October 1, 2018); S.B., Docket No. 16-1795 (issued 

March 2, 2017).