United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

P.G., Appellant

and

U.S. POSTAL SERVICE, COMMERCE PARK 

POST OFFICE, Baton Rouge, LA, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 23-0530

Issued: October 24, 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 March 7, 2023 appellant filed a timely appeal from a September 12, 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 $29,339.20, for the period February 1, 2020 

through July 16, 2022, 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 September 12, 2022 decision and on appeal, 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 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 $716.34 from appellant’s continuing compensation payments every 28 days.

FACTUAL HISTORY

On August 21, 2012 appellant then a 58-year-old rural carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on August 10, 2012 she injured both shoulders when she fell while in 

the performance of duty. On the reverse side of the claim form, her retirement plan was listed as 

the Federal Employees Retirement System (FERS). OWCP accepted appellant’s claim for 

cervicalgia and lumbago and later expanded the acceptance of her claim to include cervical 

spondylosis without myelopathy. It paid her wage-loss compensation on the supplemental rolls, 

effective October 20, 2012, and on the periodic rolls, effective December 16, 2012. On April 8, 

2020 OWCP provided SSA with a FERS/SSA dual benefits calculation form. 

On July 20, 2022 SSA completed the FERS/SSA dual benefits form, which reported 

appellant’s SSA age-related retirement benefit rate for February 2020 through December 2021. 

The form listed appellant’s SSA age-related retirement benefit rates with and without a FERS 

offset. Beginning February 1, 2020, the SSA rate with FERS was $1,811.20 and without FERS 

was $842.10. Beginning December 1, 2020, the SSA rate with FERS was $1,834.70 and without 

FERS was $853.00. Beginning December 1, 2021, the SSA rate with FERS was $1,942.90 and 

without FERS was $903.30. 

On July 21, 2022 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it found a total overpayment of compensation for the period February 1, 2020 through 

July 16, 2022 in the amount of $29,339.20. For the period February 1 through November 30, 2020, 

appellant received an overpayment in the amount of $9,712.30; for the period December 1, 2020 

through November 30, 2021, she received an overpayment in the amount of $11,812.76; and for 

the period December 1, 2021 through July 16, 2022, she received an overpayment in the amount 

of $7,814.14. 

The record reveals that appellant’s net compensation payments following the FERS offset 

were $2,865.37 every 28 days.

On August 10, 2022 OWCP issued a preliminary overpayment determination, finding an 

overpayment of compensation in the amount of $29,339.20 for the period February 1, 2020 

through July 16, 2022, because appellant concurrently received FECA wage-loss compensation 

and SSA age-related retirement benefits without an appropriate offset. It found 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 
3

a final decision based on the written evidence, or a prerecoupment hearing. No response was 

received.

By decision dated September 12, 2022, OWCP finalized its preliminary overpayment 

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

of $29,339.20 for the period February 1, 2020 through July 16, 2022, because she concurrently 

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

appropriate offset. It 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 $716.34 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

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $29,339.20, for the period February 1, 2020 through July 16, 

2022, 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.

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 August 20, 2018).

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

As noted, a claimant cannot receive concurrent FECA compensation for wage -loss and 

SSA age-related 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 from February 1, 2020 through July 16, 2022. 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 the specific amount of appellant’s SSA age-related 

retirement benefits that were attributable to her federal service. The Board finds that OWCP 

properly determined the amount of the overpayment. SSA provided its rates with FERS and 

without FERS for specific periods February 1, 2020 through July 16, 2022. OWCP provided its 

calculations for each relevant period based on SSA’s worksheet and determined that appellant 

received an overpayment in the amount of $29,339.20. 

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

appellant received prohibited dual benefits totaling $29,339.20 for the period February 1, 2020 

through July 16, 2022.

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, inc luding 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 

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

more than $50.00.11

7

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

February 21, 2019); S.M., supra note 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).

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 April 26, 2019).
5

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 August 10, 2022, 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 submit a Form OWCP-20 or otherwise 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.

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 

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

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

When an individual fails to provide requested information regarding income, expenses, and

assets, OWCP should follow minimum collection guidelines. The Federal (FECA) Procedure 

Manual provides that, in these instances, OWCP should set the rate of repayment at 25 percent of 

the 28-day net compensation amount until the balance of the overpayment is paid in full.17

ANALYSIS -- ISSUE 3

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

$716.34 from appellant’s continuing compensation payments every 28 days.

OWCP provided appellant a Form OWCP-20 with its August 10, 2022 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, nor did she provide financial documentation prior to the final September 12, 2022 overpayment 

decision. The overpaid individual is responsible for providing information about income, 

expenses, and assets as specified by OWCP.18 When an individual fails to provide requested 

financial information, OWCP should follow minimum collection guidelines designed to collect 

the debt promptly and in full.19 

Appellant did not submit supporting financial documentation to OWCP as requested and 

the Board finds that OWCP properly followed minimum collection guidelines. She was receiving 

net compensation of $2,865.37 every 28 days at the time of OWCP’s overpayment determination

and, therefore, OWCP reasonably required recovery by deducting $716.34, i.e., 25 percent of 

$2,865.37, every 28 days from her continuing compensation payments.20

CONCLUSION

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

of compensation in the amount of $29,339.20, for the period February 1, 2020 through July 16, 

2022, 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 

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

1062 (1988).

17 Supra note 10 at Chapter 6.500.8c(1) (September 2020). 

18 20 C.F.R. § 10.438(a).

19 See D.W., Docket No. 23-0137 (issued June23, 2023); J.A., Docket No. 19-1946 (issued July 13, 2020); 

Frederick Arters, 53 ECAB 397 (2002). 

20 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

further finds that OWCP properly denied waiver of recovery of the overpayment and properly 

required recovery of the overpayment by deducting $716.34 from her continuing compensation 

payments every 28 days.

ORDER

IT IS HEREBY ORDERED THAT the September 12, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: October 24, 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