United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

P.P., Appellant

and

U.S. POSTAL SERVICE, ROCKEFELLER 

CENTER POST OFFICE, New York, NY, 

Employer

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Docket No. 22-0819

Issued: November 23, 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 May 2, 2022 appellant filed a timely appeal from a April 18, 2022 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 to 

consider 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 $43,325.83 for the period March 1, 2019 through 

September 11, 2021 for which she was without fault, because she concurrently received FECA 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the April18, 2022 decision, appellant submitted additional evidence to OWCP. 

However, the Board’s Rules of Procedures 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

wage-loss compensation benefits and SocialSecurity 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 $40.00 every 28 days from appellant’s continuing compensation payments.

FACTUAL HISTORY

On April 7, 2000 appellant then a 47-year-old distribution window clerk, filed a traumatic 

injury claim (Form CA-1) alleging that on that same date she injured her left knee when she tripped 

and fell while in the performance of duty. OWCP accepted appellant’s claim for sprain of the left 

shoulder and upper arm, sprain of the left knee and leg, lumbosacral sprain and later expanded

acceptance of her claim to include localized primary osteoarthritis of the left lower leg. It paid her 

wage-loss compensation on the supplemental rolls from June 27 through July 7, 2000 and on the 

periodic rolls, commencing June 16, 2002.

A December 31, 2008 notification of personnel action PS Form 50 listed appellant’s 

retirement plan as Federal Employees Retirement System (FERS).

On May 18, 2021 OWCP sent a FERS/SSA dual benefits calculation form to SSA.

On June 2, 2021 OWCP received a completed FERS/SSA dual benefits calculation form 

from SSA, which reported appellant’s SSA age-related retirement benefit rate for March 2019

through December 2020. The form listed appellant’s SSA age-related retirement benefit rate 

without a FERS offset. Beginning March 1, 2019, the SSA rate with FERS was $1,397.90 and 

without FERS was zero. Beginning December 1, 2019, the SSA rate with FERS was $1,420.20

and without FERS was zero. Beginning December 1, 2020, the SSA rate with FERS was 

$1,438.60 and without FERS was zero.

On October 13, 2021 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it found a total overpayment of compensation for the period March 1 through 

September 11, 2021 in the amount of $43,325.83. This form indicated that from March 1 through 

November 30, 2019, appellant received an overpayment in the amount of $12,673.27. From 

December 1, 2019 through November 30, 2020,she received an overpayment in the amount of 

$17,136.04. From December 1, 2020 through September 11, 2021, she received an overpayment 

in the amount of $13,516.52.

On October 13, 2021 OWCP notified appellant of its preliminary overpayment 

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

$43,325.83 for the period March 1, 2019 through September 11, 2021, because she concurrently 

received FECA wage-loss compensation benefits and SSA age-related retirement benefits without 

an appropriate offset. It determined that she was without fault in the creation of the overpayment. 

OWCP requested that appellant submit a completed overpayment recovery questionnaire (Form 

OWCP-20) to determine a reasonable payment method and advised her that she could request 

waiver of recovery of the overpayment. It further requested that she provide supporting financial 

documentation, including copies of income tax returns, bank account statements, bills and canceled 

checks, pay slips, and any other records that support income and expenses. Additionally, OWCP 

provided an overpayment action request form and further notified appellant that, within 30 days 

of the date of the letter, she could request a final decision based on the written evidence, or a 

prerecoupment hearing.
3

In a completed overpayment action request form dated November 5, 2021, appellant 

requested waiver of recovery of the overpayment. In an undated statement, appellant indicated 

that she was unaware of 5 U.S.C.§ 8116(d) and its application. She noted that the overpayment 

occurred due to an administrative mistake by OWCP. Appellant indicated that this oversight and 

misinformation caused significant confusion and she was unclear as to what financial 

compensation she was entitled. She asserted that, due to these circumstances, liability related to 

this oversight should be waived. Appellant noted that further education should be provided to 

employees who are entitled to workers’ compensation benefits or retirement benefits.

By decision dated April 18, 2022, OWCP finalized the preliminary overpayment 

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

of $43,325.83for the period March 1, 2019 through September 11, 2021, because she concurrently 

received FECA wage-loss compensation and SSA age-related retirement benefits without an 

appropriate offset. It further found that she was without fault in the creation of the overpayment, 

but denied waiver of recovery of the overpayment because the evidence of record failed to establish 

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

conscience. OWCP required recovery of the overpayment by deducting $40.00 every 28 days 

from appellant’s continuing compensation payments.

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 

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 states that FECA 

benefits have to be adjusted for the FERS portion of SSA benefits because the portion of the SSA 

age-related retirement benefits 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 OWCP properly determined that appellant received an overpayment 

of compensation in the amount of $43,325.83, for the period March 1, 2019 through September 11, 

3

5 U.S.C. § 8102(a).

4

Id. at § 8116.

5

20 C.F.R. § 10.421(d); see S.M., Docket No. 17-1802 (issued August20, 2018).

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

2021, for which she was without fault, because she concurrently received FECA wage-loss 

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

OWCP paid appellant FECA wage-loss compensation on the periodic rolls beginning 

June 16, 2002. Appellant received SSA age-related retirement benefits beginning March 1, 2019. 

As noted, a claimant cannot receive concurrent FECA compensation for wage-loss and SSA agerelated retirement benefits attributable to federal service for the same period. 7

 The information 

provided by SSA established that a portion of appellant’s benefits were attributable to her federal 

service. Thus, the record establishes that she received an overpayment of FECA wage -loss 

compensation.8

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. OWCP received 

documentation from SSA with respect to appellant’s specific SSA age-related retirement benefits 

that were attributable to federal service. SSA provided its rates with FERS and without FERS for 

specific periods March 1, 2019 through September 11, 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 $43,325.83. 

The Board has reviewed OWCP’s calculations and finds that it properly determined that 

appellant received prohibited dual benefits totaling $43,325.83 for the period March 1, 2019 

through September 11, 2021.

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.9

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, including 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.10 An individual is deemed to meet current 

7

20 C.F.R. § 10.421(d); id.; L.D., Docket No. 19-0606 (issued November 21, 2019); A.C., Docket No. 18-1550 

(issued February 21, 2019);S.M., supranote 5. 

8

Id.

9

5 U.S.C. § 8129.

10 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).
5

ordinary and necessary living expenses if monthly income does not exceed monthly expenses by 

more than $50.00.11

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.12

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. 13

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 

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

conscience.14 However, appellant had the responsibility to provide financial information and 

documentation to OWCP, but failed to do so.15

In its preliminary overpayment determination, dated October 13, 2021, OWCP requested 

that appellant provide a completed Form OWCP-20 with supporting financial documentation, 

including copies of income tax returns, bank account statements, bills and cancelled checks, pay 

slips, and any other records to support income and expenses. It advised her that it would deny 

waiver of recovery if she failed to furnish the requested financial information within 30 days. 

Appellant did not provide the requested Form OWCP-20 or submit any 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.

Accordingly, as appellant did not submit the information required under 20 C.F.R. § 10.438 

of OWCP’s regulations to determine her eligibility for waiver, the Board finds that OWCP 

properly denied waiver of recovery of the overpayment compensation.

11 Id. at Chapter 6.400.4.a(3); see also N.J., Docket No. 19-1170 (issued January 10, 2020); M.A., Docket No. 

18-1666 (issued April26, 2019).

12 20 C.F.R. § 10.437(a)(b). 

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

14 Id. at § 10.436.

15 Id. at § 10.438; S.P.,Docket No. 19-1318 (issued July 31, 2020).
6

LEGAL PRECEDENT -- ISSUE 3

Section 10.441 of OWCP’s regulations provides in pertinent part that, 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 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 any hardship.16

ANALYSIS -- ISSUE 3

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

$40.00 every 28 days from appellant’s continuing compensation payments.

OWCP provided appellant a Form OWCP-20 with its October 13, 2021 preliminary 

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

information and documentation to OWCP. However, appellant did not complete the Form OWCP20 or provide financial documentation to support her income and expenses prior to the final 

April 18, 2022 overpayment decision. The overpaid individual is responsible for providing 

information about income, expenses, and assets as specified by OWCP. 17 When an individual fails 

to provide requested financial information, OWCP should follow minimum collection guidelines 

designed to collect the debt promptly and in full.18 As appellant did not submit supporting financial 

documentation to OWCP as requested, the Board finds that OWCP properly required recovery of 

the $43,325.83 overpayment at the rate of $40.00 every 28 days from appellant’s continuing 

compensation payments.19

CONCLUSION

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

of compensation in the amount of $43,325.83, for the period March 1, 2019 through September 11, 

2021, for which she was without fault, because she concurrently received FECA wage -loss 

compensationbenefits 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 

16 Id. at § 10.441(a); A.S., Docket No. 19-0171 (issued June 12, 2019); DonaldR. Schueler, 39 ECAB 1056, 

1062 (1988).

17 Id. at § 10.438(a).

18 See J.A., Docket No. 19-1946 (issued July 13, 2020); Frederick Arters, 53 ECAB 397 (2002); Federal (FECA) 

Procedure Manual, Part 6 -- Debt Liquidation, Responsibility for the Collection and Settlement of Debts, Chapter 

6.500.3 (September 2020). Id. at § 10.436; id. at Chapter 6.400.4a(2).

19 See J.A., id.; E.K., Docket No. 18-0587 (issued October 1, 2018); S.B., Docket No. 16-1795 (issued 

March 2, 2017).
7

properly required recovery of the overpayment by deducting $40.00 every 28 days from her 

continuing compensation payments.

ORDER

IT IS HEREBY ORDERED THAT the April 18, 2022 decision of the Office of Workers’

Compensation Programs is affirmed. 

Issued: November 23, 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