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Printing - FECA-PT2 - National Association of Letter Carriers

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(1) Failure to Appear for Medical Appointment. The legal authority is found at section 5<br />

U.S.C. 8123(a). See <strong>FECA</strong> PM 2-0810.14.<br />

(2) Failure to Submit Reports <strong>of</strong> Earnings. The legal authority is found at 20 C.F.R.<br />

10.125(a). See <strong>FECA</strong> PM 2-0812.10.<br />

(3) Failure to Cooperate with Vocational Rehabilitation Efforts. The legal authority is<br />

found at section 5 U.S.C. 8104(a). See <strong>FECA</strong> PM 2-0813.<br />

(4) Refusal to Undergo Treatment for Substance Abuse. The legal authority is found at<br />

section 5 U.S.C. 8113. See <strong>FECA</strong> PM 2-0813.<br />

(5) Conviction and Imprisonment for a Felony. This situation differs from the one<br />

described in paragraph b(3) above. Here, the imprisonment must occur for a felony<br />

conviction <strong>of</strong> a crime other than fraud related to a claim under the <strong>FECA</strong>. The legal authority<br />

is found at section 5 U.S.C. 8148. See paragraph 12 below.<br />

e. Forfeiture. A claimant who knowingly fails to report earnings on Form CA-1032 forfeits his<br />

or her benefits for the period specified by the form. This situation differs from the one noted in<br />

paragraph d(2) above. Here, the report <strong>of</strong> earnings has been submitted, but it contains false<br />

information. The legal authority is found at section 5 U.S.C. 8148(b). See <strong>FECA</strong> PM 2-0812.10.<br />

f. Rescissions. Section 5 U.S.C. 8128(a) allows the Secretary <strong>of</strong> Labor to "(1) end, decrease<br />

or increase the compensation previously awarded; or (2) award compensation previously refused<br />

or discontinued." This authority includes rescission <strong>of</strong> claims as a whole, or <strong>of</strong> specific<br />

entitlements. However, when the OWCP has accepted a claim and paid benefits, it has the burden<br />

<strong>of</strong> pro<strong>of</strong> to establish that any such acceptance and payment were in error.<br />

Rescission in a death case should never be attempted absent blatant error or clear indication <strong>of</strong><br />

fraud (see <strong>FECA</strong> PM 2-0700.17a). Rescission always requires careful and thorough evaluation <strong>of</strong> all<br />

evidence in the context <strong>of</strong> the OWCP's burden <strong>of</strong> pro<strong>of</strong>.<br />

g. Other Kinds <strong>of</strong> Formal Decisions. These decisions, which do not necessarily represent<br />

disallowances, include:<br />

(1) Loss <strong>of</strong> Wage-Earning Capacity Determinations. See <strong>FECA</strong> PM 2-0814.<br />

(2) Representatives' Fees. See <strong>FECA</strong> PM 2-1200.<br />

(3) Overpayments. See <strong>FECA</strong> PM Part 6.<br />

(4) Reconsiderations. See <strong>FECA</strong> PM 2-1602.<br />

2-1400-4 Notices <strong>of</strong> Decision<br />

Notices <strong>of</strong> Decision. This paragraph describes the elements which notices <strong>of</strong> decision should contain.<br />

(The pre-formatted decisions described in paragraph 2c already contain the elements.)<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 611

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