United States Department of Labor

Employees’ Compensation Appeals Board

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A.W., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Theodore, AL, Employer

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Docket No. 23-1115

Issued: January 26, 2024

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On August 24, 2023 appellant filed a timely appeal from a June 29, 2023 merit decision 

of the Office of Workers’Compensation Programs (OWCP).1 The Clerk of the Appellate Boards 

assigned the appeal Docket No. 23-1115. 

On January 25, 1990 appellant, then a 41-year-old rural carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on January 17, 1990 she picked up a package and injured her 

lower back while in the performance of duty. She stopped work on January 30, 1990. OWCP 

accepted the claim for herniated disc at L4-5. It paid wage-loss compensation for total disability 

on the periodic rolls commencing November 26, 2006.

A February 28, 1992 notification of personnel action (Standard Form (SF)-50), notes 

appellant’s retirement system as Code 5, Civil Service Retirement System (CSRS) offset, with a 

retirement compensation date of May 16, 1981.

1 The Board notes that, following the June 29, 2023 decision, OWCP received additional evidence. 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 October 11, 25 and December 1, 2022 OWCP sent FERS/SSA dual benefits forms to 

SSA to obtain information regarding appellant’s receipt of SSA age-related retirement benefits.

In February 15, 2023 FERS offset overpayment calculation worksheet, OWCP calculated 

appellant’s FERS/SSA offset for each month from February 1, 2013 through January 28, 2023

for a total overpayment of $138,309.00.

On April 5, 2023 OWCP issued a preliminary overpayment determination, notifying 

appellant that she had received an overpayment of compensation in the amount of $138,309.00

because her wage-loss compensation benefits had not been reduced for the period February 1, 

2013 through January 28, 2023 by the portion of her SSA benefits that were attributable to her 

federal service, and that this constituted a prohibited dual benefit. It determined that she was 

without fault in the creation of the overpayment. OWCP requested that she complete an 

overpayment action request form and an 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. Additionally, it further 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.

On April 13, 2023 appellant requested that OWCP render a decision based on the written 

evidence. She disagreed that the overpayment occurred, disagreed with the amount of the 

overpayment, and requested waiver of recovery of the overpayment as she was found without 

fault. Appellant asserted that she was not aware that OWCP had incorrectly paid her and that she 

would experience financial hardship in repaying the overpayment. She provided a completed 

Form OWCP-20 and supporting financial documentation.

By decision dated June 29, 2023, OWCP finalized the preliminary overpayment 

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

$138,309.00, compromised to $29,120.45 for the period February 1, 2014 through January 28, 

2023 because her compensation payments were not offset by the portion of her SSA age -related 

retirement benefits attributable to her federal service. It further found that she was without fault 

in the creation of the overpayment, but denied waiver of recovery of the overpayment because 

she had not provided the financial information necessary to establish that recovery of the 

overpayment would defeat the purpose of FECA or be against equity and good conscience.

OWCP required recovery of the overpayment in the amount of $200.00 from her continuing 

compensation benefits every 28 days.

The Board, having duly considered this matter, finds that OWCP failed to properly 

develop the underlying issue of what portion, if any, of appellant’s SSA age-related retirement 

benefits were attributable to federal service.2

2

See Order Reversing Case, M.A., Docket No. 23-0606 (issued August29, 2023); Order Reversing Case, M.E.,

Docket No. 21-0624 (issued February 15, 2023); Order Reversing Case, A.A., Docket No. 21-1181 (issued May 13, 

2022); Order Reversing Case, W.G., Docket No. 20-1389 (issued June 30, 2021); Order Reversing Case, R.L.,

Docket No. 20-1333 (issued May 13, 2021); A.C., Docket No. 19-0174 (issued July 9, 2019).
3

OWCP’s procedures provide that an overpayment occurs when FECA compensation is 

not reduced by an appropriate offset. Since the SSA will not report an offset amount until after 

the SSA benefits are received, an overpayment will almost always occur and will need to be 

calculated for each period in which the offset amount was not withheld from compensation. 3 

The offset provision of 5 U.S.C. § 8116(d)(2) and applicable regulations apply to SSA agerelated retirement benefits that are attributable to federal service. 4

 FECA Bulletin No. 97-09 

provides that FECA benefits have to be adjusted for the FERS portion of SSA age -related 

retirement benefits because the portion of the SSA benefit 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 In identifying the fact and amount of an overpayment 

of compensation following a claimant’s receipt of SSA age-related retirement benefits, the Board 

has observed that OWCP uses a FERS/SSA dual benefits form. 6 This form is sent to SSA and 

the completed form is returned to OWCP setting forth purported SSA calculations as to the 

effective date and rate of SSA benefits with and without FERS. 7 Following receipt of the 

completed form from SSA, a preliminary determination of overpayment is issued if a prohibited 

dual benefit was received.8

The Board has observed, however, that not all federal employees are enrolled in FERS. 

Some FECA claimants are enrolled in another retirement program, such as the CSRS. Other 

federal employees are not entitled to be enrolled in a federal retirement program. Therefore, 

OWCP’s procedures, with regard to requesting offset information, are not applicable to all 

recipients of FECA compensation and SSA age-related retirement benefits. Thus, the 

information solicited on the FERS/SSA dual benefits form that OWCP sends to SSA is not 

applicable to non-FERS claimants and does not establish either the fact or amount of an 

overpayment.

Herein, the evidence of record does not establish that appellant was enrolled in FERS. 

The case record contains a Notification of Personnel Action Form, Standard Form 50, dated 

February 28, 1992 in which her retirement system is listed as Code 5, CSRS offset. OWCP has 

not provided evidence to establish that appellant was enrolled in FERS or that she subsequently 

elected FERS coverage. The Board thus finds that OWCP improperly determined that she 

received an overpayment of compensation in the amount of $138,309.00 for the period 

February 1, 2014 through January 28, 2023. Accordingly,

3 Federal (FECA) Procedure Manual, Part 6 --Debt Management, Identifying and Calculating an Overpayment, 

Chapter 6.200.1h (September 2020).

4

See 5 U.S.C. § 8116(a), (d); 20 C.F.R. § 10.421(a).

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

6

Id.

7

Id.

8

Id.
4

IT IS HEREBY ORDERED THAT the June 29, 2023 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: January 26, 2024

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