Printing - FECA-PT2 - National Association of Letter Carriers

20 CFR 10.314 allows payment for services of an attendant where it is medically documented that the
claimant requires assistance to care for personal needs such as bathing, dressing, eating, etc. Such
services are paid as a medical expense under 5 U.S.C. 8103; are limited to $1500 per month under 5
U.S.C. 8111; and are paid directly to the provider of services. Prior to the January 1999 revision of the
Federal Regulations, an attendant allowance was paid directly to the claimant. Any such allowance
approved prior to January 1999 will continue to be paid to the claimant until the need for the attendant
ceases. As part of the attendant allowance review, the CE should consider the following:
a. Physical Examinations. When the condition requiring the services of an attendant is not
permanent, periodic physical examinations must be arranged to determine whether the services of
an attendant continue to be necessary. When a claimant is asked to report for examination and is
unable to travel alone, transportation and other reasonable and necessary expenses may be paid
for the attendant.
b. Concurrent Receipt of Other Federal Payments. An attendant allowance is payable even though
the claimant is receiving salary or sick or annual leave pay. A claimant who has elected benefits
under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System
(FERS) may not receive an attendant allowance except for periods concurrent with payment of a
schedule award by the OWCP.
c. Termination of Allowance. Where the evidence of record, including medical opinion evidence
from the physician chosen by the claimant to provide treatment, establishes that an attendant
allowance should be terminated, the claimant is to be given pre-termination notice and the
opportunity to respond.
2-0812-8 Factual Elements of Review
8. Factual Elements of Review. Factual evidence is obtained primarily from Form CA-1032. Potential
issues raised by Form CA-1032 and case review include:
a. Employment and earnings information. This is requested from the claimant on Form
CA-1032. Other sources include:
(1) The Social Security Administration (SSA), which should be asked to submit earnings
information via Form CA-1036 when information of any kind is received suggesting possible
employment or earnings.
(2) A new employer, who may be asked to complete Form CA-1027 or an equivalent
request when information about a claimant's employment and earnings from a private
employer will be helpful in determining the nature and extent of continuing entitlement to
compensation.
(3) Sources developed by investigation, as outlined in FECA PM 2-0402. Investigation
may be considered when evidence concerning the extent of the claimant's disability,
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