United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

C.K., Appellant

and

DEPARTMENT OF THE INTERIOR, BUREAU 

OF RECLAMATION, Socorro, NM, Employer

__________________________________________

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Docket No. 23-0880

Issued: January 12, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On May 11, 2023 appellant filed a timely appeal from an April 21, 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.

ISSUES

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

overpayment of compensation in the amount of $33,433.61 during the period June 1, 2013 through 

January 2, 2021, for which he was without fault, because he concurrently received FECA wage -

loss compensation 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 

$760.00 from appellant’s continuing compensation payments every 28 days.

1

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On April 7, 2003 appellant, then a 56-year-old motor vehicle operator, filed a traumatic 

injury claim (Form CA-1) alleging that on that date he sustained injuries to his right shoulder and 

bicep when climbing down equipment while in the performance of duty. He noted that his 

retirement coverage was under the Federal Employees Retirement System (FERS). OWCP 

accepted the claim for right shoulder sprain/strain; right rotator cuff sprain; and disorder of the 

bursae and tendons in the right shoulder. It paid appellant wage-loss compensation on the 

supplemental rolls effective August 6, 2003, and on the periodic rolls effective September 7, 2003. 

On December 3, 2020 OWCP contacted SSA to obtain information as to whether an offset 

of compensation benefits was required.

On December 12, 2020 OWCP received from SSA a completed FERS/SSA dual benefits 

form, dated December 12, 2020, which reported appellant’s SSA age-related retirement benefit 

rates with and without a FERS offset as follows: beginning June 2013, the SSA rate with FERS 

was $2,009.20 and without FERS was $1,660.50; beginning December 2013, the SSA rate with 

FERS was $2,039.30 and without FERS was $1,685.40; beginning December 2014, the SSA rate 

with FERS was $2,073.90 and without FERS was $1,714.00; beginning December 2015, the SSA 

rate with FERS was $2,073.90 and without FERS was $1,714.00; beginning December 2016, the 

SSA rate with FERS was $2,080.10 and without FERS was $1,719.10; beginning December 2017, 

the SSA rate with FERS was $2,121.70 and without FERS was $1,753.40; beginning 

December 2018, the SSA rate with FERS was $2,181.10 and without FERS was $1,802.40; 

beginning December 2019, the SSA rate with FERS was $2,215.90 and without FERS was 

$1,831.20; and beginning December 2020, the SSA rate with FERS was $2,244.70 and without 

FERS was $1,855.00. 

OWCP completed a FERS offset overpayment calculation worksheet, determined the 28-

day FERS offset amount for the days in each period, and computed a total overpayment amount 

of $33,433.61. The worksheet indicated that appellant received the following overpayment 

amounts: from June 1 through November 30, 2013, $2,103.70; from December 1, 2013 through

November 30, 2014, $4,258.47; from December 1, 2014 through November 30, 2015, $4,330.66; 

from December 1, 2015 through November 30, 2016, $4,342.53; from December 1, 2016 through

November 30, 2017, $4,343.90; from December 1, 2017 through November 30, 2018, $4,431.74; 

from December 1, 2018 through November 30, 2019, $4,556.88; from December 1, 2019 through

November 30, 2020, $4,641.76; and from December 1, 2020 through January 2, 2021, $423.96.

On November 18, 2021, OWCP issued a preliminary overpayment determination, finding 

that an overpayment of compensation in the amount of $33,433.61, had been created because it 

had failed to reduce appellant’s wage-loss compensation payments for the period June 1, 2013 

through January 2, 2021, to offset his SSA age-related retirement benefits that were attributable to 

federal service. OWCP attached its FERS offset overpayment calculation worksheet. It 

determined that appellant was at fault in the creation of the overpayment because he made an 

incorrect statement as to a material fact he knew or should have known to be incorrect. OWCP 

requested that he submit a completed overpayment recovery questionnaire (Form OWCP-20) to 

determine a reasonable repayment method. It further notified appellant that, within 30 days of the 
3

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

hearing.

On December 5, 2021 appellant requested a prerecoupment hearing and provided a 

partially completed Form OWCP-20. He contested the finding of fault, noting that he did not 

know what he did wrong. Appellant explained that in 2021, his claims examiner notified him over 

the telephone that he was being overpaid and that an overpayment would be taken from his check. 

He noted that he did not understand why it took OWCP nine years to catch a mistake.

Following a March 29, 2022 preliminary review, an OWCP hearing representative found 

that the case was not in posture for decision. She found that OWCP did not fully explain how the

overpayment amount was calculated. The hearing representative also found that appellant was 

without fault in the creation of the overpayment. She remanded the case for OWCP to explain

how the overpayment was calculated and to consider waiver of recovery of the overpayment.

On April 12, 2022 OWCP issued a preliminary overpayment determination, finding that an 

overpayment of compensation in the amount of $33,433.61, had been created because it had failed 

to reduce appellant’s wage-loss compensation payments for the period June 1, 2013 through 

January 2, 2021, to offset his SSA age-related retirement benefits that were attributable to his 

federal service. OWCP incorporated the overpayment calculation worksheet and explained how 

SSA paid monthly benefits and how OWCP converted its monthly payments to a 28-day cycle. It 

determined that he was without fault in the creation of the overpayment because the evidence did 

not support that he was aware that the receipt of full SSA age-related retirement benefits concurrent 

with the disability/wage-loss compensation would result in an overpayment. OWCP requested 

that appellant submit a completed Form OWCP-20 to determine a reasonable repayment method 

and advised that he could request waiver of recovery of the overpayment. It again requested that 

he provide supporting financial documentation. Additionally, OWCP notified appellant 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.

On April 30, 2022 appellant requested a prerecoupment hearing. 

Following a June 24, 2022 preliminary review, an OWCP hearing representative found that 

OWCP failed to sufficiently explain how the overpayment was calculated. The hearing 

representative remanded the case for issuance of a new preliminary overpayment determination 

with a full and detailed explanation of how the overpayment was calculated.

On September 1, 2022 OWCP issued a preliminary overpayment determination, finding 

that, an overpayment of compensation in the amount of $33,433.61, had been created because it 

had failed to reduce appellant’s wage-loss compensation payments for the period June 1, 2013 

through January 2, 2021, to offset his SSA age-related retirement benefits that were attributable to 

federal service. It again incorporated the worksheet which noted the overpayment for each 

effective date and subsequent number of days. OWCP also provided an explanation for each 

column in the overpayment computation. It determined that appellant was without fault in the 

creation of the overpayment. OWCP requested that appellant submit a completed Form OWCP20 to determine a reasonable repayment method, and advised that he could request waiver of 

recovery of the overpayment. It further requested that he provide supporting financial 
4

documentation, including copies of income tax returns, bank account statements, bills, pay slips, 

and any other records to support income and expenses. Additionally, OWCP further notified 

appellant 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. 

On September 18, 2022 appellant requested a prerecoupment hearing. He asserted that 

repayment would be a hardship and burden on him. Appellant did not provide a completed Form 

OWCP-20. 

A telephonic hearing was held on February 16, 2023. Appellant argued that he was without

fault. He did not provide specific financial information other than to note that he had more than 

$6,000.00 in cash because he was always taught to have six months in security in case of 

emergency. No further financial information was provided.

By decision dated April 21, 2023, OWCP’s hearing representative finalized the 

September 1, 2022 preliminary overpayment determination finding that appellant had received an 

overpayment of compensation in the amount of $33,433.61 for the period June 1, 2013 through 

January 2, 2021. She found that OWCP had documented the case record and that the preliminary 

overpayment determination had now sufficiently explained the FERS offset calculation. The 

hearing representative further found that appellant was without fault in the creation of the 

overpayment, but denied waiver of recovery of the overpayment as he had not submitted evidence 

to substantiate that recovery of the overpayment would defeat the purpose of FECA or be against 

equity and good conscience. She required recovery of the overpayment by deducting $760.00 

every 28 days from appellant’s continuing compensation payments, which she explained 

represented approximately 25 percent of appellant’s continuing 28-day compensation.

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. When an overpayment of compensation 

has been made to an individual because of an error of fact or law, adjustment shall be made under 

regulations prescribed by the Secretary of Labor by decreasing later payments to which the 

individual is entitled.3

Section 10.421(d) of OWCP’s implementing regulations requires that OWCP 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 benefit 

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); L.J., 59 ECAB 264 (2007).
5

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 $33,433.61, for the period June 1, 2013 through January 2, 2021, 

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

and SSA age-related retirement benefits, without an appropriate offset.6

The evidence of record indicates that, while appellant was receiving compensation for 

wage-loss under FECA, he concurrently received SSA age-related retirement benefits based upon 

his federal service. A claimant cannot receive both compensation for wage loss under FECA and 

SSA age-related retirement benefits attributable to federal service for the same period, without an 

appropriate offset.7 The information provided by SSA established that, during the period June 1, 

2013 through January 2, 2021, appellant received SSA age-related retirement benefits that were 

attributable to federal service while he also received FECA benefits that were not reduced by the 

appropriate offset. Consequently, the fact of overpayment has been established.

To determine the amount of the overpayment, the portion of SSA’s 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 benefit

rates with FERS and without FERS for specific periods from June 1, 2013 through 

January 2, 2021. OWCP provided its calculations for each relevant period based on the SSA dual 

benefits form which show that appellant received an overpayment in the amount of $33,433.61. It

provided a detailed description of each column in the overpayment calculation. The Board thus 

finds that OWCP properly determined that appellant received prohibited dual benefits for the 

period June 1, 2013 through January 2, 2021, totaling $33,433.61.

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. 8 

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.9

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

6 P.B., Docket No. 20-0862 (issued November 25, 2020); R.C., Docket No. 19-0845 (issued February 3, 2020); 

A.F., Docket No. 19-0054 (issued June 12, 2019).

7

20 C.F.R. § 10.421(d); see S.M., supra note 4; L.J., supra note 4.

8

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).

9 A.C., Docket No. 18-1550 (issued February 21, 2019); see Robert Atchison, 41 ECAB 83, 87 (1989).
6

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 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

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.12 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. 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 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

The Board finds that appellant has not established that recovery of the overpayment would 

defeat the purpose of FECA or be against equity and good conscience because he did not provide 

any necessary supporting financial information. In its preliminary overpayment determination,

OWCP explained the importance of providing the completed Form OWCP-20 and supporting 

financial documentation. Appellant, however, did not submit a completed Form OWCP-20, nor 

did he provide any supporting financial documentation. He noted that he had more than $6,000.00 

in cash on hand. As he did not submit the information required under section 10.438 of OWCP’s 

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).

11 Id. at § 10.437(a)(b).

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

13 Id. at § 10.438(b).

14 Id. at § 10.436.
7

regulations, which was necessary to determine his eligibility for waiver, OWCP properly denied 

waiver of recovery of the overpayment.15

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. 16

Section 10.441(a) of OWCP’s regulations17 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.”

18

ANALYSIS -- ISSUE 3

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

$760.00 from appellant’s continuing compensation payments every 28 days.

The record reflects that appellant received FECA compensation benefits on the periodic 

rolls in the net amount of $3,042.45 every 28 days, as of the April 21, 2023 decision. Appellant 

did not submit a completed Form OWCP-20 or provide sufficient financial documentation. The 

overpaid individual is responsible for providing information about income, expenses, and assets 

as specified by OWCP.19 When an individual fails to provide requested financial information, 

OWCP should follow minimum collection guidelines designed to collect the debt promptly and in 

full.20 As appellant did not submit financial information as requested, the Board finds that OWCP 

reasonably required recovery by deducting $760.00 from his continuing compensation payments 

every 28 days.

21

 

15 D.C., Docket No. 19-0118 (issued January 15, 2020);see S.B., Docket No. 16-1795 (issued March 2, 2017).

16 20 C.F.R. § 10.441; see M.P., Docket No. 18-0902 (issued October 16, 2018).

17 Id. at § 10.441(a).

18 Id.; see C.M., Docket No. 19-1451 (issued March 4, 2020).

19 20 C.F.R. § 10.438(a); see also F.L., Docket No. 23-1030 (issued December 11, 2023).

20 See F.L., id.; A.S., Docket No. 19-0171 (issued June 12, 2019); Frederick Arters, 53 ECAB 397 (2002); see also 

supra note 10 at Chapter 6.500.2 (September 2018).

21 See E.K., Docket No. 18-0587 (issued October 1, 2018); S.B., supra note 15. 
8

CONCLUSION

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

of compensation in the amount of $33,433.61, for the period June 1, 2013 through January 2, 2021, 

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 also finds that 

OWCP properly denied waiver of recovery of the overpayment and properly required recovery of 

the overpayment by deducting $760.00 from appellant’s continuing compensation payments every 

28 days.

ORDER

IT IS HEREBY ORDERED THAT the April 21, 2023 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: January 12, 2024

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