Printing - FECA-PT2 - National Association of Letter Carriers

e taken within 30 days of receipt of the RC's final report or from the end of the 90-day
period, whichever is later. After 30 days and considering any response to the pre-reduction
notice, the CE should issue a final decision if appropriate.
(3) If the claimant elects OPM benefits in lieu of cooperating with rehabilitation efforts,
the CE, RS and RC should not delay or discourage this choice. Because the claimant may
later elect FECA benefits retroactively, however, it is necessary to establish any
wage-earning capacity in accordance with 5 U.S.C. 8115 so that any future retroactive
compensation will not be paid in error at the rate for total disability.
It is improper to use the services of an RC when the claimant is receiving OPM benefits. Therefore, to
confirm or identify two jobs which the claimant can perform and which are sufficiently available in the
commuting area, the CE should refer the case to the RS. The jobs should be identified by number from
the Dictionary of Occupational Titles (DOT), and the file should document the source of the information
concerning availability. The CE should select one of these jobs on the basis of the claimant's previous
education and vocational experience as reflected in the file and issue a 30-day pre-reduction notice based
on the claimant's constructed LWEC.
2-0813-12 Sanction Decisions
12. Sanction Decisions. Any reduction or termination of benefits applies to compensation for wage
loss, whether total or partial.
a. Evaluating Reasons for Lack of Cooperation. Given the variety of reasons which claimants
may offer for non-cooperation, and the variety of circumstances in which these reasons may be
offered, it is impossible to establish a definitive list of acceptable and unacceptable reasons for lack
of cooperation. In general, however, the claimant is expected to treat the vocational rehabilitation
effort as seriously as employment, and reasons for lack of cooperation should be considered in this
light. A situation which would be considered a valid reason for absence from work (e.g., an illness)
may be considered good cause for failure to cooperate with vocational rehabilitation for a
reasonable period of time.
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