United States Department of Labor

Employees’ Compensation Appeals Board

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D.W., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

TRANSPORTATION SECURITY 

ADMINISTRATION, Arlington, VA, Employer

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Docket No. 22-1348

Issued: June 2, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On September 23, 2022 appellant filed a timely appeal from an August 1, 2022 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate 

Boards assigned Docket No. 22-1348.

1

On April 21, 2014 appellant, then a 54-year-old supervisory transportation security 

specialist, filed a traumatic injury claim (Form CA-1) alleging that on April 16, 2014 he sustained 

a concussion and strained his neck, back, buttocks, and left wrist when he slipped in a puddle of 

water on the bathroom floor and fell while in the performance of duty. He stopped work on the 

date of injury. OWCP accepted appellant’s claim for concussion without loss of consciousness 

and sprain of neck. It paid him wage-loss compensation on the supplemental rolls, effective

June 1, 2014 and on the periodic rolls, effective May 3, 2015.

On October 14, 2021 OWCP forwarded a Federal Employees Retirement System

(FERS)/Social Security Administration (SSA) dual benefits form to SSA for completion.

1 The Board notes that, following the August 1, 2022 decision, appellant submitted 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

On June 10, 2022 SSA completed the FERS/SSA dual benefits form, which indicated that

appellant received disability benefits from December 2015 through October 2021. It further 

indicated that appellant had been in receipt of age-related SSA benefits since November 2021. 

Beginning November 2021, the SSA rate with FERS was $748.00 and without FERS was $40.00. 

Beginning December 2021, the SSA rate with FERS was $793.00 and without FERS was $42.50.

On June 22, 2022 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it noted the calculation of appellant’s SSA offset overpayment from November 1, 2021

through May 21, 2022 and computed a total overpayment amount of $4,955.80.

In a preliminary overpayment determination dated June 22, 2022, OWCP notified 

appellant of its preliminary finding that he had received an overpayment of compensation in the 

amount of $4,955.80 for the period November 1, 2021 through May 21, 2022, because he 

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

benefits without an appropriate offset. It determined that he 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 him that 

he could request waiver of recovery of the overpayment. It further requested that he 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 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.

In an overpayment action request form dated July 19, 2022, appellant disagreed with the 

overpayment and requested waiver because he was found to be without fault in the creation of the 

overpayment. He requested that OWCP issue a decision based on the written evidence. Appellant 

submitted a Form OWCP-20 of even date and reported total monthly income of $15,347.00, total 

monthly expenses of $14,549.00, and additional assets valued at $20,200.00. He stated that he had 

been misinformed by both OWCP and SSA regarding his benefits and overpayments. Appellant

submitted additional supporting financial documentation.

On August 1, 2022 OWCP received a July 25, 2022 letter from SSA regarding a request to 

withdraw appellant’s claim for age-related retirement benefits. It indicated that it could not pay 

benefits beginning July 2022 and advised him that he would have to repay the $6,299.00 paid on

the claim from November 2021 through June 2022. 

By decision dated August 1, 2022, OWCP finalized the preliminary overpayment 

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

of $4,955.80 for the period November 1, 2021 through May 21, 2022, because he concurrently 

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

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

butdenied 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 $127.07 every 28 days 

from appellant’s continuing compensation payments.
3

The Board has duly considered the matter and finds that this case is not in posture for 

decision. In the case of William A. Couch,

2

the Board held that when adjudicating a claim, OWCP 

is obligated to consider all evidence properly submitted by a claimant and received by OWCP 

before the final decision is issued. As detailed above, on August 1, 2022 appellant submitted a 

letter from SSA regarding his age-related retirement benefits commencing November 2021.

OWCP, however, did not review this additional evidence in its August 1, 2022 decision. It, thus, 

failed to follow its procedures by not considering all of the relevant evidence of record. 3

As Board decisions are final with regard to the subject matter appealed, it is crucial that 

OWCP address all relevant evidence received prior to the issuance of its final decision.4 As OWCP 

did not consider all of the evidence properly before it when it issued the August 1, 2022 final 

overpayment determination, the overpayment decision must be reversed. 5

IT IS HEREBY ORDERED THAT the August 1, 2022 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: June 2, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

2

41 ECAB 548 (1990); see K.B., Docket No. 20-1320 (issued February 8, 2021); see also R.D., Docket No. 17-

1818 (issued April 3, 2018).

3 OWCP’s procedures provide that all evidence submitted should be reviewed and discussed in the decision. 

Evidence received following development that lacks probative value also should be acknowledged. Whenever 

possible, the evidence should be referenced by author and date. Federal (FECA) Procedure Manual, Part 2 --Claims, 

Initial Denials, Chapter 2.1401.5(b)(2) (November 2012).

4 E.D., Docket No. 20-0620 (issued November 18, 2020); see C.S., Docket No. 18-1760 (issued November 25, 

2019); Yvette N. Davis, 55 ECAB 475 (2004); see also William A. Couch, supra note 2.

5

See D.G., Docket No. 11-923 (issued November 15, 2011).