United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

H.S., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

U.S. CITIZENSHIP & IMMIGRATION 

SERVICES, CALIFORNIA SERVICE CENTER, 

Laguna Niguel, CA, Employer

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Docket No. 22-1040

Issued: May 12, 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 2, 2022 appellant filed a timely appeal from a June 13, 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.

ISSUES

The issues are: (1) whether OWCP properly determined that appellant received an 

overpayment of compensation in the amount of $91,093.21, for the period June 1, 2013 through 

July 17, 2021, for which she was without fault, because she concurrently received FECA wageloss compensation and Social Security Administration (SSA) age-related retirement benefits 

without an appropriate offset; and (2) whether OWCP properly denied waiver of recovery of the 

overpayment.

1

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On June 13, 2005 appellant then a 58-year-old assistant, filed an occupational disease 

claim (Form CA-2) alleging that she developed basilar joint arthritis in both hands due to factors 

of her federal employment. She noted that she first became aware of her condition on 

January 28, 1999 and first realized its relation to her federal employment on April 7, 2005. The 

record reveals that appellant’s retirement system was FERS and Federal Insurance Contributions 

Act (FICA). OWCP accepted her claim for aggravation of bilateral thumb basilar joint arthritis. 

It paid appellant wage-loss compensation on the periodic rolls effective May 14, 2006.

On June 17, 2021 OWCP forwarded a Federal Employees Retirement System 

(FERS)/SSA dual benefits form to SSA. 

On July 22, 2021 OWCP received a completed FERS/SSA dual benefits form from SSA 

wherein SSA advised that appellant received SSA benefits for the period June 2013 through 

December 2020. SSA reported her SSA age-related retirement benefit rates with a FERS offset 

and without a FERS offset from June 2013 through December 2020. Beginning June 2013, the 

SSA rate with FERS was $924.80 and without FERS was $41.10. Beginning December 2013, 

the SSA rate with FERS was $938.60 and without FERS was $41.70. Beginning December 2014

and December 2015, the SSA rate with FERS was $954.50 and without FERS was $42.40. 

Beginning December 2016, the SSA rate with FERS was $957.30 and without FERS was $42.50. 

Beginning December 2017, the SSA rate with FERS was $976.40 and without FERS was $43.30. 

Beginning December 2018, the SSA rate with FERS was $1,003.70 and without FERS was 

$44.50. Beginning December 2019, the SSA rate with FERS was $1,019.70 and without FERS 

was $45.20. Beginning December 2020, the SSA rate with FERS was $1,032.90 and without 

FERS was $45.70.

On July 23, 2021 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it noted the calculation of appellant’s SSA offset overpayment from June 1, 2013

through July 17, 2021 and computed a total overpayment amount of $91,093.21. 

On July 23, 2021 OWCP notified appellant of its preliminary overpayment determination 

that she received an overpayment of compensation in the amount of $91,093.21, for the period

June 1, 2013 through July 17, 2021, because she received FECA wage-loss compensation 

benefits and SSA age-related retirement benefits that were partially based on credits earned 

while working in the Federal Government, and this constituted a prohibited dual benefit. 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, canceled

checks, pay slips, and any other records thatsupport 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

On August 15, 2021 appellant requested a prerecoupment hearing before a representative 

of OWCP’s Branch of Hearings and Review. She noted that she contested the overpayment, and 

requested waiver of recovery of the overpayment because she was found to be without fault. 

Appellant asserted that the overpayment was due to incorrect information provided by OWCP 

and that she had already spent the funds.

Appellant completed a Form OWCP-20 dated August 15, 2021 and attached financial 

information including credit card statements, bank statements, and a federal tax return for 2020.

By decision dated October 14, 2021, OWCP’s hearing representative performed a 

preliminary review, and determined that the case was not in posture for a hearing. The hearing 

representative noted that OWCP advised appellant of the amounts determined to be SSA offset 

amounts; however, it did not explain the overpayment calculations or provide worksheets used as 

the basis of the overpayment. The hearing representative set aside the July 23, 2021 decision, 

remanded the case to OWCP, and instructed it to reissue an overpayment decision that 

demonstrates its calculations and clearly explains how those calculations were determined. 

On November 2, 2021 OWCP notified appellant of its preliminary overpayment 

determination that she received an overpayment of compensation in the amount of $91,093.21, 

for the periods June 1, 2013 through July 17, 2021, because she concurrently received FECA 

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

and this constituted a prohibited dual benefit. It determined that she was without fault in the 

creation of the overpayment. OWCP requested that appellant submit a completed Form OWCP20 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, 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.

On November 22, 2021 appellant requested a prerecoupment hearing before a 

representative of OWCP’s Branch of Hearings and Review. She noted that she disagreed with 

the preliminary overpayment determination, and requested waiver of recovery of the 

overpayment because she was found to be without fault. Appellant asserted that the 

overpayment occurred because OWCP provided incorrect information, and she relied on their 

income determination to make monetary decisions. She indicated that she required all of her 

current income to meet her ordinary and necessary living expenses. 

In a Form OWCP-20 dated November 22, 2021, appellant reported that her total monthly 

income of included $1,032.00 from SSA, $472.00 from OWCP and Thrift Savings Plan (TSP), 

and $249.00 from dividends and interest, resulting in total monthly income of $1,753.00. She 

reported expenses totaling $3,587.00. Appellant indicated monthly expenses of $627.00 for rent

or mortgage, $500.00 for food, $200.00 for clothing, $250.00 for utilities, and other 

miscellaneous expenses of $1,350.00. She noted monthly installment debt of $660.00. 

Appellant further noted cash on hand of zero dollars, a checking account balance of $21,632.00, 

a savings account balance of $100,707.00, and stocks and bonds of $104,532.00. She attached 
4

financial information including bank statements from 2021, real property tax bill from 2021 

through 2022, retirement account statements from 2021, and a federal tax return for 2020. 

On March 17, 2022 OWCP held a telephonic prerecoupment hearing. The hearing 

representative advised appellant that evidence in support of the expenses was necessary and 

informed her that she could submit the necessary information after the hearing. The record was 

held open for 30 days for submission of additional financial evidence. OWCP did not receive 

any further evidence.

By decision dated June 13, 2022, a second OWCP hearing representative finalized the 

preliminary overpayment determination, finding that appellant had received an overpayment of 

compensation in the amount of $91,093.21 for the period June 1, 2013 through July 17, 2021,

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

compensation without an appropriate offset. OWCP 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. It required recovery of the overpayment by 

payment in monthly installments of $800.00. 

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.2 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.3

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.4 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.5

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $91,093.21, for the period June 1, 2013 through July 17, 2021, 

2

5 U.S.C. § 8102(a).

3

Id. at § 8116.

4

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

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

January 4, 2019).
5

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

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

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

May 14, 2006. Appellant received SSA age-related retirement benefits beginning June 1, 2013. 

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. 6

 Accordingly, the 

Board finds that fact of overpayment has been established.

7

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 rate with FERS and without FERS for 

the specific period June 1, 2013 through July 17, 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 $91,093.21. The Board has reviewed OWCP’s calculations and 

finds that it properly determined that appellant received prohibited dual benefits totaling of 

$91,093.21 for the period June 1, 2013 through July 17, 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.8

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. 9 An individual 

is deemed to meet current ordinary and necessary living expenses if monthly income does not 

exceed monthly expenses by more than $50.00.10

6 L.D., Docket No. 19-0606 (issued November 21, 2019); A.C., Docket No. 18-1550 (issued February 21, 2019). 

7

Id.

8

5 U.S.C. § 8129.

9

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, Pa rt 6 --Debt Management, Final Overpayment Determinations, 

Chapter 6.400.4a(2) (September 2020).

10 N.J., Docket No. 19-1170 (issued January 10, 2020); M.A.,Docket No. 18-1666 (issued April 26, 2019); id. at 

Chapter 6.400.4.a(3).
6

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.11

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. 12

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 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. 13

Evidence in the case record shows that appellant received benefits of $1,032.00 from 

SSA, $472.00 from OWCP and TSP, and $249.00 from dividends and interest, resulting in total 

monthly income of $1,753.00. She reported expenses of $627.00 for rent or mortgage, $500.00 

for food, $200.00 for clothing, $250.00 for utilities, other expenses of $1,350.00, and monthly 

installment debt of $660.00.

Appellant further noted cash on hand of zero dollars, a checking account balance of 

$21,632.00, a savings account balance of $100,707.00, and stocks and bonds of $104,532.00. 

The Board finds that appellant’s assets exceed the allotted amounts and therefore she is not 

entitled to waiver of the recovery of the overpayment.

14

Accordingly, OWCP properly denied waiver of recovery of the overpayment.

With respect to the recovery of an overpayment, the Board’s jurisdiction is limited to 

those cases where OWCP seeks recovery from continuing compensation benefits.15 As OWCP 

requested that appellant submit the overpayment in monthly installments, the Board does not 

have jurisdiction over the method of recovery of the overpayment in this case. 16

11 20 C.F.R. § 10.437(a)(b). 

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

13 5 U.S.C. § 8129.

14 Supra note 13.

15 L.L., Docket No. 19-0097 (issued March 20, 2020); A.B., Docket No. 18-0915 (issued October 24, 2018).

16 See id.; Miguel A. Muniz, 54 ECAB 217 (2002); Lorenzo Rodriguez, 51 ECAB 295 (2000); 20 C.F.R. § 10.441.
7

CONCLUSION

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

of compensation in the amount of $91,093.21, for the period June 1, 2013 through July 17, 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. 

The Board further finds that OWCP properly denied waiver of recovery of the overpayment.

ORDER

IT IS HEREBY ORDERED THAT the June 13, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: May 12, 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