United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.M., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Coppell, TX, Employer

__________________________________________

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Docket No. 20-1577

Issued: January 14, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On August 31, 2020 appellant filed a timely appeal from a July 6, 2020 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 $64,894.49, for which she was without fault, 

because she concurrently received FECA wage-loss compensation and Social Security 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the July 6, 2020 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

Administration (SSA) age-related retirement benefits for the period November 1, 2012 through 

November 9, 2019, without an appropriate offset; and (2) whether it properly denied waiver of 

recovery of the overpayment; (3) whether OWCP properly required recovery of the overpayment 

by deducting $500.00 from appellant’s continuing compensation payments every 28 days.

FACTUAL HISTORY

On May 14, 2009 appellant, then a 62-year-old distribution clerk, filed a traumatic injury 

claim (Form CA-1) alleging that she was involved in a motor vehicle accident on April 28, 2009 

and sustained multiple injuries while in the performance of duty. OWCP initially accepted her

claim for contusion of the right upper arm and sprain of the left wrist. It subsequently expanded 

the acceptance of appellant’s claim to include sprain of the right knee and leg, sprain of the right 

shoulder, upper arm and rotator cuff, tear of the medial meniscus of the right knee, osteoarthritis 

of the lower right leg, primary osteoarthritis of the bilateral lower leg, and articular bearing surface 

wear of the right prosthetic joint. Appellant stopped work on April 29, 2009. OWCP paid her 

compensation on the periodic rolls effective August 18, 2010.

On February 16, 2019 the employing establishment advised OWCP that appellant was 

covered under the Federal Employees Retirement System (FERS) and was entitled to receive both 

SSA age-related retirement benefits and FECA compensation benefits. It requested that OWCP 

review her file to determine if it qualifies for the FERS offset and subsequent reduction of 

compensation benefits.

On March 26, 2019 OWCP requested information from SSA regarding appellant’s 

potential dual benefits.

OWCP received a completed FERS/SSA dual benefits calculation form from SSA dated 

April 24, 2019. SSA listed appellant’s SSA age-related retirement benefit rates with and without 

a FERS, for the period November 2012 through December 2018. Beginning November 2012, the 

SSA rate with FERS was $1,575.90 and without FERS was $835.30. Beginning December 2012, 

the SSA rate with FERS was $1,602.60 and without FERS was $849.50. Beginning 

December 2013, the SSA rate with FERS was $1,626.60 and without FERS was $862.20. 

Beginning December 2014, the SSA rate with FERS was $1,654.20 and without FERS was 

$876.80. Beginning December 2015, the SSA rate with FERS was $1,654.20 and without FERS 

was $876.80. Beginning December 2016, the SSA rate with FERS was $1,659.10 and without 

FERS was $879.40. Beginning December 2017, the SSA rate with FERS was $1,962.20 and 

without FERS was $896.90. Beginning December 2018, the SSA rate with FERS was $1,739.50 

and without FERS was $922.00.

On November 20, 2019 OWCP prepared a FERS offset calculation worksheet wherein it 

computed a total overpayment in the amount of $64,894.49 for the period November 1, 2012 

through November 9, 2019. This form detailed that: from November 1 through 30, 2012 appellant

received an overpayment in the amount of $732.46; from December 1, 2012 through 

November 30, 2013 she received an overpayment in the amount of $9,062.03; from December 1, 

2013 through November 30, 2014 she received an overpayment in the amount of $9,198.00; from 

December 1, 2014 through November 30, 2015 she received an overpayment in the amount of 

$9,354.43; from December 1, 2015 through May 28, 2016 she received an overpayment in the 
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amount of $4,614,33; and from November 13 through 30, 2016 she received an overpayment in 

the amount of $461.43; from December 1, 2016 through November 30, 2017 she received an 

overpayment in the amount of $9,382.10;from December 1, 2017 through November 30, 2018 she 

received an overpayment in the amount of $12,818.72; and from December 1, 2018 through 

November 9, 2019 she received an overpayment in the amount of $9,270.99.

OWCP provided another FERS offset calculation worksheet dated November 20, 2019, 

which was identical to the prior November 20, 2019 worksheet, but noted an SSA rate with FERS 

from December 1, 2017 of $1,692.20 and without FERS $896.90 and found that from December 1, 

2017 through November 30, 2018 appellant received an overpayment in the amount of $9,569.82. 

OWCP advised that she received a schedule award from May 29 to November 12, 2016. The total 

overpayment calculated was $61,645.59.

In a letter dated November 20, 2019, OWCP informed appellant that it had determined that 

she had been receiving SSA age-related retirement benefits since November 1, 2012. It explained 

that SSA confirmed that a portion of her SSA age-related retirement benefits were attributable to 

her federal service as an employee covered under FERS. OWCP explained that the portion of 

appellant’s SSA age-related retirement benefits attributed to her federal service required an offset 

of her FECA compensation per applicable federal regulations. It explained how her offset would 

occur going forward with her payment dated December 1, 2019.

On February 10, 2020 OWCP issued a preliminary overpayment determination, finding 

that an overpayment of compensation in the amount of $64,894.49 had been created because 

appellant received SSA age-related retirement benefits from November 1, 2012 through 

November 9, 2019 that were partially based on credits earned while working in the Federal 

Government, and that this portion of his SSA benefit was 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 and canceled checks, pay slips, and 

any other records to 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 telephone conference, a final decision based on the written evidence, or a 

prerecoupment hearing.

On February 10, 2020 appellant completed an overpayment action request form and 

requested a prerecoupment hearing before a representative of OWCP’s Branch of Hearings and 

Review. She indicated that she was requesting waiver of recovery of overpayment because she 

was found to be without fault and had no knowledge that she was being overpaid. 

On a Form OWCP-20 completed on February 10, 2020 appellant reported that her total 

monthly income was $1,767.00 from SSA benefits. She reported expenses totaling $3,829.00. 

Appellant indicated monthly expenses of $1,840.00 for rent, $400.00 for food, $250.00 for 

clothing, $480.00 for utilities, and $719.00 for other expenses. She also noted a monthly payment 

of $140.00 for various credit card payments. Appellant further noted cash on hand of $40.00, a 
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checking account balance of $69.00, and a savings account balance of $1,838.00. She submitted 

supporting financial documentation.

In a May 5, 2020 notice, OWCP’s hearing representative informed appellant that her 

prerecoupment hearing was scheduled for June 9, 2020 at 10:30 a.m. Eastern Standard Time 

(EST). Appellant did not attend the prerecoupment hearing. Herrequest was converted to a review 

of the written record.

In a statement dated June 18, 2020, appellant requested that no further deductions be taken 

from her compensation and for the original payments to resume because it has affected her overall 

standard of living. She asserted that SSA did not do their part with handling the paperwork and 

she did not want to be penalized. 

By decision dated July 6, 2020, OWCP’s hearing representative affirmed the preliminary 

overpayment determination, which found that appellant had received an overpayment of 

compensation in the amount of $64,894.49 for the period November 1, 2012 through November 9, 

2019 because it failed to offset her compensation payments by the portion of her SSA age-related 

retirement benefits that were attributable to her federal service. However, he also found that the 

“correctly” calculated overpayment amount was $61,645.59. OWCP’s hearing representative 

determined that appellant was without fault in the creation of the overpayment, but denied waiver 

of recovery of the overpayment. He found that the overpayment would be recovered by deducting 

$500.00 from appellant’s continuing compensation payments every 28 days.

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

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 February3, 1997); see also N.B., Docket No. 18-0795 (issued January 4, 2019).
5

ANALYSIS -- ISSUE 1

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

of compensation for the period November 1, 2012 through November 9, 2019, because she 

concurrently received FECA wage-loss compensation and SSA age-related retirement benefits.

OWCP paid appellant wage-loss compensation for total disability on the periodic rolls 

effective August 18, 2010. Beginning November 1, 2012, appellant received SSA age-related 

retirement benefits. As noted, a claimant cannot concurrently receive wage-loss compensation and 

SSA age-related retirement benefits attributable to federal service for the same period. 7 The 

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

benefits were attributable to her federal service. As OWCP neglected to offset her FECA benefits 

for the period November 1, 2012 through November 9, 2019, she received an overpayment of 

wage-loss compensation.8 Therefore, fact of overpayment is established.9 

The Board further finds that this case is not in posture for decision regarding the amount 

of the overpayment.

Based on the rates provided by SSA, OWCP calculated the overpayment of compensation 

by determining the portion of SSA benefits that were attributable to appellant’s federal service. 

SSA provided her SSA rate with FERS and without FERS beginning November 1, 2012.

 After 

calculating the amount that it should have offset for each relevant period based on the 

November 20, 2019 SSA worksheet and adding these amounts together, OWCP concluded that 

appellant had received an overpayment of $64,894.49. In another FERS offset calculation form 

also dated November 20, 2019, OWCP noted a “corrected” SSA rate from December 1, 2017 with 

FERS of $1,692.20 and without FERS of $896.90. The total overpayment calculated with the 

corrected SSA rate for December 1, 2017 was $61,645.59. However, without explanation, OWCP 

then found in the preliminary overpayment determination, that the amount of the overpayment was 

$64,894.49. OWCP’s hearing representative affirmed the preliminary overpayment 

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

amount of $64,894.49. However, he also found that the “correctly” calculated overpayment 

amount was $61,645.59. A claimant is entitled to an overpayment decision that clearly explains 

how the amount was calculated.10 The Board will, therefore, remand the case for OWCP to further 

explain its calculation of the amount of the overpayment. 

On remand OWCP shall determine the exact amount of the overpayment of compensation. 

It shall then issue a new preliminary overpayment determination, with an overpayment action 

request form, an overpayment recovery questionnaire, and instructions for appellant to prov ide 

7 A.C., Docket No. 18-1550 (issued February 21, 2019).

8

Id.

9

See K.H., Docket No. 18-0171 (issued August 2, 2018).

10 R.B., Docket No. 20-0022 (issued October 28, 2020); O.R., 59 ECAB 432 (2008).
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supporting financial information.11 After this and other such further development as deemed 

necessary, OWCP shall issue a de novo decision.12

CONCLUSION

The Board finds that appellant received an overpayment of compensation from 

November 1, 2012 through November 9, 2019 for which she was without fault, because she 

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

without an appropriate offset. The Board further finds, however, that the case is not in posture for 

decision regarding the amount of the overpayment. 

ORDER

IT IS HEREBY ORDERED THAT the July 6, 2020 decision of the Office of Workers’

Compensation Programs is affirmed in part and set aside in part, and the case is remanded for 

further proceedings consistent with this decision of the Board.

Issued: January 14, 2022

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

11 See L.K., Docket No. 29-0416 (issued November 12, 2020).

12 In light of the Board’s dispositionof Issue 1, Issues 2 and 3 are renderedmoot.