Printing - FECA-PT2 - National Association of Letter Carriers

(3) Prior to declaring the forfeiture, action should be taken on the issue of entitlement.
If injury-related disability does not continue, a notice of proposed termination should be
issued simultaneously with the forfeiture decision. If work-related disability is established,
the claimant's wage-earning capacity should be determined, based on actual earnings or a
constructed loss of wage-earning capacity (LWEC) rating, and benefits should be reduced
accordingly.
Generally, a forfeiture decision should not be released until the entitlement issue is fully
resolved; however, based on the circumstances in a particular case, proceeding with
forfeiture prior to completely resolving entitlement may be appropriate.
If for some reason the entitlement issue cannot be addressed in a timely manner (e.g., as a
result of investigation and/or litigation), a status report should be provided to the District
Director (DD) or his or her designee until the entitlement issue is resolved. In these cases,
and any others which have been requested by the Branch of Hearings and Review or the
ECAB, the Office should photocopy the file, refer the original to the appellate body, and
proceed with the entitlement issue while the case is on appeal for the forfeiture issue.
c. Fiscal Actions. The period of forfeiture should be calculated as outlined earlier in this
section. Once the overpayment has been declared and after due process requirements have been
satisfied, the OWCP should recover the forfeited amount in the same manner as any other
overpayment.
d. Later Reports of Earnings. The CE should send Form CA-1032 to the claimant annually with
a reminder that any compensation used to recover an established overpayment is itself subject to
forfeiture should the claimant again knowingly fail to properly complete Form CA-1032.
2-0812-12 Periodic Entitlement Review (PER) Codes
12. Periodic Entitlement Review (PER) Codes. Codes used for documenting periodic entitlement review
actions and Periodic Roll Management (PRM) resolutions have changed over time. PER actions are now
documented by the CE in the Entitlement Review application in Disability Management (DM). PER action
codes are noted below and in Exhibit 6. These codes are entered in the Entitlement Review application to
document development undertaken and the outcome of the periodic review.
a. PER Development Codes are entered in the PER record when further action or review is
required prior to closing the PER. If the CE has to develop the case for any reason, the CE should
place the PER record into a development status by selecting an appropriate code as outlined below.
AI Payment/Entitlement Adjustment in Development
NI PN Memo in Development
FECA-PT2 Printed: 06/08/2010 390