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Printing - FECA-PT2 - National Association of Letter Carriers

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(a) the beneficiary's maintenance, including food, shelter, clothing, medical care,<br />

and personal comfort items;<br />

(b) institutional care, including expenses that will aid in recovery or release, and<br />

for personal needs;<br />

(c)<br />

support <strong>of</strong> beneficiary's legal dependents;<br />

(d) claims from creditors, only if the claimant's needs are met for the present and<br />

the foreseeable future;<br />

(e) funds not needed for (4)(a) through (4)(d) above, conserved or invested on<br />

behalf <strong>of</strong> the beneficiary in non-speculative accounts, in accordance with rules<br />

followed by trustees. Any pr<strong>of</strong>it from an investment is the property <strong>of</strong> the<br />

beneficiary and not the payee.<br />

(5) The services <strong>of</strong> the payee may be terminated when the payee has not used the funds<br />

according to (4)(a) through (4)(e) above, or has not timely discharged other<br />

responsibilities. Issues concerning misuse or questionable use <strong>of</strong> funds by a representative<br />

payee should be referred to the <strong>National</strong> Office. By administrative determination, a<br />

representative payee may be held responsible for repaying an overpayment.<br />

2-0901-19 Reinstatement <strong>of</strong> Leave<br />

19. Reinstatement <strong>of</strong> Leave. This paragraph discusses the steps required to reinstate leave. When an<br />

employee elects to use sick or annual leave during the period <strong>of</strong> disability, he or she may later, with the<br />

concurrence <strong>of</strong> the employing agency, claim compensation for the period <strong>of</strong> disability and "buy back" the<br />

leave used (20 C.F.R. § 10.425). See Aberline Smith, Docket No. 96-1699 (issued June 4, 1998) (<strong>FECA</strong><br />

does not govern whether a claimant may or may not buy back leave from an employing establishment,<br />

and any decision by the employing establishment to disallow leave buy back is not a decision <strong>of</strong> the OWCP<br />

over which the ECAB may exercise jurisdiction). Form CA-7b is required as an attachment to Form CA-7 to<br />

request Leave Buy Back (LBB). CA-7a is an optional form for use when leave is used intermittently.<br />

a. Upon receipt <strong>of</strong> the agency certified LBB claim, (CA-7, 7a, 7b), the claim will be keyed into the<br />

compensation management system. The CE will review the claim to ensure it is complete. If it is<br />

incomplete or unsigned, the CE will return the claim for completion, and advise the claimant by<br />

letter <strong>of</strong> what was missing.<br />

b. The CE will first review the agency estimate <strong>of</strong> <strong>FECA</strong> entitlement on the CA-7b. If the estimate<br />

<strong>of</strong> entitlement is less than 10% above the amount determined to be accurate by the CE, the CE<br />

then reviews the medical documentation.<br />

For example, let us assume that the agency has estimated <strong>FECA</strong> entitlement to be $1500 for 100<br />

hours <strong>of</strong> leave used. The CE, using the correct pay rate and compensation rate, determines the<br />

correct amount to be $1470 for those hours. Since the agency's estimate is less than 10% above<br />

the correct amount, the CE will proceed to evaluate the evidence.<br />

c. Where the claim is payable for all hours claimed, the CE will round the total number <strong>of</strong> hours<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 507

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