United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.W., Appellant

and

U.S. POSTAL SERVICE, PROCESSING &

DISTRIBUTION CENTER, Coppell, TX, 

Employer

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Docket No. 23-0137

Issued: June 23, 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

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On October 17, 2022 appellant filed a timely appeal from a September 14, 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 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 $33,186.95 during the period January 1, 2019 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the September 14, 2022 decision, appellant submitted additional evidence on 

appeal. 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

through July 16, 2022 for which she was without fault, as she concurrently received Social Security 

Administration (SSA) age-related retirement benefits and FECA wage-loss compensation, 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 $641.87

every 28 days from appellant’s continuing compensation payments.

FACTUAL HISTORY

On May 16, 2007 appellant, then a 54-year-old part-time flexible clerk, filed an 

occupational disease claim (Form CA-2) alleging that she sustained right arm, right mid and upper 

rib cage sprains due to factors of her federal employment.3 She first became aware of her condition 

and its relationship to her employment on January 15, 2007. On the reverse side of the claim form, 

the employing establishment indicated that appellant’s retirement coverage was under the Federal 

Employees Retirement System (FERS). OWCP accepted the claim for sprains of the right shoulder

and upper arm, thoracic region of the back, neck, and right forearm, later expanding the acceptance 

of her claim to include brachial neuritis or radiculitis, right medial epicondylitis, cervical 

spondylosis with myelopathy, depressive disorder, cervical radiculopathy, cervical sprain, and 

chronic pain syndrome. It paid appellant wage-loss compensation on the supplemental rolls 

beginning September 30, 2011 and on the periodic rolls beginning October 23, 2011.

On June 27, 2022 OWCP provided SSA with a FERS/SSA dual benefits form. 

On July 21, 2022 SSA completed the dual benefits form, which reported appellant’s SSA 

age-related retirement benefit rates with a FERS offset and without a FERS offset from 

January 2019 through December 2021. Beginning January 2019, the SSA rate with FERS was 

$1,417.50 and without FERS was $660.60. Beginning December 2019, the SSA rate with FERS 

was $1,440.10 and without FERS was $671.10. Beginning December 2020, the SSA rate with 

FERS was $1,458.80 and without FERS was $679.80. Beginning December 2021, the SSA rate 

with FERS was $1,544.80 and without FERS was $719.90. 

By letter dated August 5, 2022, OWCP advised appellant that, effective August 13, 2022, 

her FECA wage-loss compensation benefits would be offset by her SSA age-related retirement 

benefits, every 28 days, in the amount of $761.45. Appellant’s new net wage-loss compensation 

payment every 28 days would be $3,546.94. 

On August 5, 2022 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it explained that,for the period January 1, 2019 through July 16, 2022, appellant received 

an overpayment in the total amount of $33,186.95. For the period January 1 through 

November 30, 2019, appellant received an overpayment of $8,334.22; for the period December 1, 

2019 through November 30, 2020, she received an overpayment of $9,278.70; for the period 

December 1, 2020 through November 30, 2021, she received an overpayment of $9,373.68; and 

for the period December 1, 2021 through July 16, 2022, shereceived an overpayment of $6,200.35. 

3 Under OWCP File No. xxxxxx760, appellant filed a traumatic injury claim (Form CA-1) on July 14, 2005 alleging 

that she injured her left shoulder and lower back in the performance of duty on June 4, 2005. OWCP accepted the 

claim for sprain/strain of the left shoulder, sprain/strain of the lumbar region, and sprain/strain of her left hip/thigh. 
3

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

overpayment of compensation in the amount of $33,186.95 had been created for the period 

January 1, 2019 through July 16, 2022 because appellant concurrently received SSA age-related 

retirement benefits and FECA wage-loss compensation 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 

recovery method and advised her that she could request a waiver of the overpayment. It further 

requested that she provide financial documentation, including copies of income tax returns, bank 

account statements, bills, pay slips, and any other records to support her reported income and 

expenses. Additionally, OWCP further provided an overpayment action request form and 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. No response was received.

On August 11, 2022 OWCP issued an amended letter advising appellant that, effective 

August 13, 2022, her FECA wage-loss compensation benefits would be offset by her SSA agerelated retirement benefits, every 28 days, in the amount of $761.45. Appellant’s new net wageloss compensation payment every 28 days would be $2,567.49. 

By decision dated September 14, 2022, OWCP finalized its preliminary overpayment 

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

$33,186.95 during the period January 1, 2019 through July 16, 2022 as she concurrently received 

SSA age-related retirement benefits and FECA wage-loss compensation 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. OWCP required recovery of the overpayment by withholding 

$641.87 from appellant’s continuing compensation payments every 28 days.

LEGAL PRECEDENT -- ISSUE 1

Section 8102 of FECA provides that the United States shall pay compensation for the 

disability of an employee resulting from personal injury sustained while in the performance of 

duty.4 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.5

Section 10.421(d) of the implementing regulations requires that OWCP reduce the amount 

of compensation by the amount of SSA benefits that are attributable to federal service of the 

employee.6 FECA Bulletin No. 97-09 provides that FECA benefits have to be adjusted for the 

FERS portion of SSA benefits because the portion of the SSA age-related retirement benefit earned 

4

5 U.S.C. § 8102(a).

5

Id. at § 8116.

6

20 C.F.R. § 10.421(d); see S.O., Docket No. 18-0254 (issued August 2, 2018); L.J., 59 ECAB 264 (2007).
4

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. 7

ANALYSIS -- ISSUE 1

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

of compensation in the amount of $33,186.95 during the period January 1, 2019 through July 16, 

2022 as she concurrently received SSA age-related retirement benefits and FECA wage-loss 

compensation without an appropriate offset.

As noted, a claimant cannot concurrently receive FECA wage-loss compensation and SSA 

age-related retirement benefits attributable to federal service for the same period. 8 The information 

provided by SSA on July 21, 2022 accurately indicated that appellant had received SSA agerelated retirement benefits that were attributable to her own federal service from January 1, 2019 

through July 16, 2022. Thus, the record establishes fact of the overpayment.

9

 

To determine the amount of the overpayment, the portion of the SSA 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. SSA provided its benefit rates with FERS and without FERS. 

The Board finds that OWCP properly determined the amount of the overpayment. It found that, 

since SSA benefits were paid monthly and FECA benefits were paid every 28 days, the monthly 

offset had to be adjusted to a 28-day payment cycle amount. OWCP provided its calculations for 

each relevant time period based on the SSA dual benefits form and properly calculated that the 

lack of offset from January 1, 2019 through July 16, 2022 resulted in an overpayment total of 

$33,186.95.

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

appellant received prohibited dual benefits totaling $33,186.95 for the period January 1, 2019 

through July 16, 2022.

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.10 

7 FECA Bulletin No. 97-09 (issued February 3, 1997).

8

Supra note 5. See also N.B., Docket No. 18-0795 (issued January 4, 2019); A.C., Docket No. 18-1550 (issued 

February 21, 2019).

9

Id.

10 5 U.S.C. § 8129; 20 C.F.R. §§ 10.433, 10.434, 10.436, and 10.437; A.F., Docket No. 19-0054 (issued 

June 12, 2019).
5

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.11

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. 12 An individual is deemed to need 

substantially all of his or her current income to meet current ordinary and necessary living expenses 

if monthly income does not exceed monthly expenses by more than $50.00. 13

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.14

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.15 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. 16

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 

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

12 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).

13 N.J., Docket No. 19-1170 (issued January 10, 2020); M.A., Docket No. 18-1666 (issued April26, 2019); id. at 

Chapter 6.400.4.a(3).

14 20 C.F.R. § 10.437(a)-(b).

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

16 Id. at § 10.438(b).
6

conscience.17 Appellant had the responsibility to provide financial information to OWCP,18 but 

failed to do so.

In its preliminary overpayment determination, dated August 10, 2022, OWCP requested 

that appellant provide a completed Form OWCP-20 and supporting financial documentation, 

including income tax returns, bank account statements, bills and cancelled checks, pay slips, and 

any other records to support her reported income and expenses. It afforded her 30 days to submit 

the necessary information. Appellant did notsubmit a Form OWCP-20 or otherwise submit the 

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 has not submitted the information required under 20 C.F.R. 

§ 10.438 of OWCP’s regulations to determine her eligibility for waiver, OWCP properly denied 

waiver of recovery of the overpayment.

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. 19

Section 10.441 of OWCP’s regulations provides that, when an overpayment of 

compensation 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 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 hardship.20

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. 21

ANALYSIS -- ISSUE 3

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

$641.87 every 28 days from appellant’s continuing compensation payments.

17 Id. at § 10.436.

18 Id. at § 10.438; S.P., Docket No. 19-1318 (issued July 31, 2020).

19 Id. at § 10.441; see M.P., Docket No. 18-0902 (issued October 16, 2018).

20 Id.

21 Supra note 12 at Chapter 6.500.8(c)(1) (September 2020).
7

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. Appellant, however, did not complete the Form 

OWCP-20 or otherwise provide the necessary financial information to support her income and 

expenses prior to the final September 14, 2022 overpayment decision. The overpaid individual is 

responsible for providing information about income, expenses, and assets as specified by OWCP. 22 

When an individual fails to provide requested financial information, OWCP should follow 

minimum collection guidelines designed to collect the debt promptly and in full. 23 As appellant 

did not submit financial information as requested, the Board finds that OWCP reasonably required 

recovery by deducting $641.87 from her continuing compensation payments every 28 days.

24

CONCLUSION

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

of compensation in the amount of $33,186.95 during the period January 1, 2019 through July 16, 

2022 for which she was without fault, as she concurrently received SSA age -related retirement 

benefits and FECA wage-loss compensation, without an appropriate offset. The Board further 

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

recovery of the overpayment by deducting $641.87 every 28 days from her continuing 

compensation payments.

22 20 C.F.R. § 10.438(a).

23 J.A., Docket No. 19-1946 (issued July 13, 2020); Frederick Arters, 53 ECAB 397 (2002); supra note 12 at 

Chapter 6.500.2 (September 2018).

24 E.K., Docket No. 18-0587 (issued October 1, 2018); S.B., Docket No. 16-1795 (issued March 2, 2017).
8

ORDER

IT IS HEREBY ORDERED THAT the September 14, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: June 23, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board