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Printing - FECA-PT2 - National Association of Letter Carriers

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(3) Medical Evidence. A medical report covering the child's past and present condition<br />

must be submitted and referred to the DMA to determine whether it establishes incapacity<br />

for self-support. A physician's opinion must be based on sufficient findings and rationale to<br />

establish unemployability.<br />

d. Method <strong>of</strong> Payment. In death cases, payment <strong>of</strong> compensation is made to a child as follows:<br />

(1) Under Age 18. Compensation will be paid to a parent, guardian, or other competent<br />

individual responsible for the child's welfare. If a child under age 18 without a parent,<br />

guardian or other individual responsible for supervision is found to be competent to receive<br />

payments, compensation can be paid directly to the child. Sources <strong>of</strong> information<br />

concerning competency include local juvenile authorities, school <strong>of</strong>ficials, police, and<br />

relatives. The CE should obtain information from such sources as well as any other<br />

pertinent evidence, then make a determination <strong>of</strong> competency. If necessary, the CE should<br />

ask juvenile authorities in the area <strong>of</strong> the child's residence to appoint a conservator.<br />

(2) Students. Compensation will be paid directly to a child who is a student if he or she<br />

is <strong>of</strong> legal age in the state <strong>of</strong> residence. If not, and the parent or guardian requests<br />

payment <strong>of</strong> the compensation, the CE must determine whether direct payment <strong>of</strong><br />

compensation would be in the child's best interest, based on factors in the specific case.<br />

(3) Physically or Mentally Incompetent. On request, compensation will be paid directly<br />

to a child <strong>of</strong> legal age who is incapable <strong>of</strong> self-support due to physical disability.<br />

Compensation on behalf <strong>of</strong> mentally incompetent individuals must be paid to a parent,<br />

guardian, or other person responsible for the individual's welfare.<br />

2-0700-9 Compensation to Parents<br />

9. Compensation to Parents. Parents, stepparents, and parents by adoption may be entitled to<br />

survivors' benefits, but foster parents and in-laws are excluded. Pro<strong>of</strong> <strong>of</strong> parentage is established by a<br />

copy <strong>of</strong> the birth certificate for the employee, or, in the case <strong>of</strong> adoption, copies <strong>of</strong> the legal documents.<br />

In the case <strong>of</strong> a stepparent, the file must contain pro<strong>of</strong> <strong>of</strong> the stepparent's marriage to the natural or<br />

adoptive parent <strong>of</strong> the deceased, along with the birth certificate indicated above.<br />

a Whole or Partial Dependency. Section 8133(a)(4) provides benefits to parent(s) who were<br />

wholly or partly dependent on the employee at the time <strong>of</strong> death. Note that this differs from the<br />

provision <strong>of</strong> Section 8110(a)(4), which provides augmented compensation to a disabled employee<br />

on the basis <strong>of</strong> a parent wholly dependent on and supported by the employee. Form CA-1074 may<br />

be used to develop information bearing on this issue.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 108

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