United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.M., Appellant

and

U.S. POSTAL SERVICE, CAROL STREAM 

PROCESSING & DISTRIBUTION CENTER, 

Carol Stream, IL, Employer

__________________________________________

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Docket No. 23-1186

Issued: January 25, 2024

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

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On September 18, 2023 appellant filed a timely appeal from a June 6, 2023 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 $11,612.72 during the period April 9, 2022 through 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the June6, 2023 decision, appellant submitted additional evidence on appeal. 

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

March 25, 2023, for which he was without fault, because he concurrently received Social Security 

Administration (SSA) age-related retirement benefits and FECA wage-loss compensation, 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 $612.00 from 

appellant’s continuing compensation payments every 28 days.

FACTUAL HISTORY

On March 22, 2021 appellant, then a 68-year-old laborer/custodian, filed an occupational 

disease claim (Form CA-2) alleging that he sustained left shoulder osteoarthritis causally related 

to factors of his federal employment including repetitive motions of lifting, pulling, pushing, 

mopping, sweeping, lifting, and shoveling. He noted that he first became aware of his condition 

on April 13, 2019 and realized its relation to factors of his federal employment on May 21, 2020. 

On the reverse side of the Form CA-2, it was noted that appellant’s retirement coverage was under 

the Federal Employees Retirement System (FERS). Appellant continued to work at that time, but 

stopped work on April 12, 2022 and did not return. OWCP paid him wage-loss compensation on 

the supplemental rolls from April 9 through December 2, 2022, from December 17 through 20, 

2022, and from January 1 through 28, 2023. He received wage-loss compensation on the periodic 

rolls, effective January 29, 2023.

On January 9, 2023 OWCP forwarded a FERS/SSA dual benefits form to SSA for

information regarding appellant’s potential receipt of dual benefits. 

On March 20, 2023 OWCP received a completed FERS/SSA dual benefits form from SSA. 

SSA reported appellant’s SSA age-related retirement benefit rates with and without a FERS offset. 

The form indicated that the SSA benefit rates with FERS were: $1,765.00 effective January 2018; 

$1,814.00 effective December 2018; $1,874.00 effective December 2019; $1,927.00 effective 

December 2020; $2,071.00 effective December 2021; and $2,283.00 effective December 2022. 

The form further indicated that the SSA rate without FERS was $914.40 effective January 2018; 

$940.00 effective December 2018; $955.00 effective December 2019; $967.40 effective 

December 2020; $1,024.40 effective December 2021; and $1,113.50 effective December 2022. 

On April 25, 2023 OWCP notified appellant of its preliminary determination that he had 

received an overpayment of compensation in the amount of $11,612.72 as he had received FECA 

wage-loss compensation benefits for the period April 9, 2022 through March 25, 2023 that had not 

been reduced by the portion of his SSA age-related retirement benefits attributable to his federal 

service, and that this portion of his SSA benefit constituted a prohibited dual benefit. With the 

preliminary determination, OWCP explained its calculation of his overpayment. For the period 

April 9 through June 18, 2022, he received an overpayment of $2,449.73; for the period June 19 

through July 1, 2022, appellant received an overpayment of $448.54; for the period July 2 

through 29, 2022, appellant received an overpayment of $966.09; for the period July 30 through 

August 12, 2022, appellant received an overpayment of $483.05; for the period August 13 through 

September 9, 2022, appellant received an overpayment of $966.09; for the period September 10 

through 23, 2022, appellant received an overpayment of $483.05; for the period September 24 

through October 14, 2022, appellant received an overpayment of $724.57; for the period 

October 15 through November 18, 2022, appellant received an overpayment of $1,207.61; for the 

period November 19 through 30, 2022, appellant received an overpayment of $414.04; for the 
3

period December 1 through 2, 2022, appellant received an overpayment of $77.11; for the period 

December 17 through 20, 2022, appellant received an overpayment of $154.22; for the periods

January 1 through 14, 2023 and January 15 through 28, 2023, appellant received overpayments in 

the amount of $539.77; and for the periods January 29 through February 25, 2023 and February 26 

through March 25, 2023, appellantreceived overpayments in the amount of $1,079.54. It therefore 

found an overpayment in the total amount of $11,612.72. OWCP further advised him of its 

preliminary determination that he was without fault in the creation of the overpayment. It

requested that appellant complete an enclosed overpayment recovery questionnaire (Form OWCP20) and submit supporting financial 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. 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.3

By decision dated June 6, 2023, OWCP finalized its preliminary overpayment 

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

$11,612.72 for the period April 9, 2022 through March 25, 2023, for which he was without fault, 

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

compensation without an appropriate offset. It found that he was without fault in the creation of 

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

of the overpayment by deducting $612.00 from appellant’s continuing compensation payments 

every 28 days.

LEGAL PRECEDENT -- ISSUE 1

Section 8102 of FECA provides that the United States shall pay compensation for the 

disability of an employee resulting from personal injury sustained while in the performance of 

duty.4 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.5

Section 10.421(d) of the implementing regulations requires that OWCP reduce the amount 

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

federal service of the employee.6 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 

3 A completed financial disclosure statement (Form EN-1032) dated May 24, 2023 indicated that appellant received 

SSA retirement benefits under FERS.

4

5 U.S.C. § 8102(a).

5

Id. at § 8116.

6

20 C.F.R. § 10.421(d); see L.W., Docket No. 19-0787 (issued October 23, 2019); S.M., Docket No. 17-1802 (issued 

August 20, 2018).
4

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 has established that appellant received an overpayment of 

compensation in the amount of $11,612.72 during the period April 9, 2022 through March 25, 

2023, for which he was without fault, as he concurrently received SSA age-related retirement and 

FECA wage-loss compensation, without an appropriate offset.

As previously noted, a claimant cannot receive both FECA wage-loss compensation and 

SSA age-related retirement benefits attributable to federal service for the same period. 8 The 

evidence of record establishes that appellant had concurrently received wage-loss compensation 

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

the period April 9, 2022 through March 25, 2023. Consequently, the fact of overpayment has been 

established.9

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.

The Board has reviewed the calculation of benefits received by appellant for the period 

April 9, 2022 through March 25, 2023 and finds that an overpayment of compensation in the 

amount of $11,612.72 has been established. OWCP received a dual benefits form from SSA 

regarding potential dual benefits. The SSA provided appellant’s SSA age-related retirement 

benefit rates with FERS and without FERS for the period April 9, 2022 through March 25, 2023. 

OWCP explained its calculations of the amount that it should have offset during the relevant period 

based on the SSA worksheet. 

The Board has reviewed OWCP’s calculation of benefits received by appellant for the 

period April 9, 2022 through March 25, 2023 and finds that OWCP properly calculated an 

overpayment of compensation in the amount of $11,612.72. 10

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

8 D.W., Docket No. 20-1533 (issued May 27, 2021); M.R.,Docket No. 20-0427 (issued October 30, 2020); 

A.C., Docket No. 18-1550 (issued February 21, 2019); N.B., id.

9

See L.B., Docket No. 19-1322 (issued January 27, 2020).

10 N.V., Docket No. 20-0080 (issued January 21, 2022).
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.11

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.12

Recovery of an overpayment will defeat the purpose of FECA if 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, inc luding compensation 

benefits, to meet current ordinary and necessary living expenses, and the beneficiary’s assets do 

not exceed a specified amount as determined by OWCP. 13 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. 14

OWCP’s regulations provide 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.15 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. 16

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 of 

recovery of the overpayment must be considered, and repayment is still required unless adjustment 

11 5 U.S.C. § 8129; 20 C.F.R. §§ 10.433, 10.434, 10.436, and 10.437; see M.C.,Docket No. 19-0699 (issued 

February 12, 2020).

12 A.C., supra note 8; see Robert Atchison, 41 ECAB 83, 87 (1989).

13 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) (September 2020).

14 Id. at § 10.437(a)(b).

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

16 Id. at § 10.438(b).
6

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

conscience.17 

In its preliminary overpayment determination, dated April 25, 2023, OWCP requested that 

appellant provide a completed Form OWCP-20 and supporting financial 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. 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.

Appellant had the responsibility to provide financial information to OWCP, 18 but failed to 

do so. As appellant did not submit 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. 19

Section 10.441 of OWCP’s regulations provides that, when an overpayment of 

compensation 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 the 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 hardship.20

When an individual fails to provide requested information regarding income, expenses, and 

assets, OWCP should follow minimum collection guidelines. The Federal (FECA) Procedure 

Manual provides that, in these instances, OWCP should set the rate of repayment at 25 percent of 

the 28-day net compensation amount until the balance of the overpayment is paid in full. 21

ANALYSIS -- ISSUE 3

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

$612.00 every 28 days from appellant’s continuing compensation payments.

17 Id. at § 10.436.

18 Id. at § 10.438; S.P., Docket No. 19-1318 (issued July 31, 2020).

19 Id. at § 10.441; see M.P., Docket No. 18-0902 (issued October 16, 2018).

20 Id.

21 Supra note 13 at Chapter 6.500.8(c)(1) (September 2020).
7

OWCP provided appellant a Form OWCP-20 with its April 25, 2023 preliminary 

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

information and documentation to OWCP. Appellant however did not complete the Form OWCP20 or otherwise provide the necessary financial information to support his income and expenses 

prior to the final June 6, 2023 overpayment decision. The overpaid individual is responsible for 

providing information about income, expenses, and assets as specified by OWCP.22 When an 

individual fails to provide requested financial information, OWCP should follow minimum 

collection guidelines designed to collect the debt promptly and in full. 23 As of March 26, 2023 

appellant received $2,448.68 wage-loss compensation every 28 days. As he did not submit 

financial information as requested, the Board finds that OWCP reasonably required recovery by 

deducting $612.00 from his continuing compensation payments every 28 days.24

CONCLUSION

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

of compensation in the amount of $11,612.72 during the period April 9, 2022 through March 25, 

2023, for which he was without fault, because he concurrently received SSA age-related retirement 

benefits and FECA wage-loss compensation 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 $612.00 every 28 days from his continuing 

compensation payments.

22 20 C.F.R. at § 10.438(a).

23 J.A., Docket No. 19-1946 (issued July 13, 2020); Frederick Arters, 53 ECAB 397 (2002); supra note 13 at 

Chapter 6.500.2 (September 2018).

24 E.K., Docket No. 18-0587 (issued October 1, 2018); S.B., Docket No. 16-1795 (issued March 2, 2017).
8

ORDER

IT IS HEREBY ORDERED THAT the June 6, 2023 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: January 25, 2024

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board