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Printing - FECA-PT2 - National Association of Letter Carriers

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(3) A specific service which the claimant has received, or expects to receive, on a fairly<br />

regular and recurring basis for 60 days or more, and for which the OWCP has paid. In this<br />

instance, the OWCP has de facto authorized the service and led the claimant to expect that<br />

payment for it will continue. (If any doubt exists about whether these conditions apply, the<br />

CE should prepare a pre-termination notice.)<br />

For example, a claimant who receives psychotherapy twice a week for three months, and is<br />

expected to receive it once a week for the next two months, is clearly receiving the service<br />

on a regular and recurring basis. If the OWCP proposes to disallow any further<br />

psychotherapy at the OWCP's expense after the second month, pre-termination notice must<br />

be given.<br />

(4) All medical treatment. Such terminations are usually associated with disallowances<br />

<strong>of</strong> all compensation payments because the claimant is no longer disabled, or the disability is<br />

no longer related to the work injury. (However, a claimant who has not received treatment<br />

for a long period <strong>of</strong> time should file a claim for recurrence. See <strong>FECA</strong> PM 2-1500.) The CE<br />

should include specific reference to medical benefits in preparing the pre-termination notice.<br />

c. Notice Not Required to Terminate/Reduce Compensation. Pre-termination notice is not<br />

needed to end daily roll payments if such payments have continued less than a year, or before<br />

terminating or reducing benefits when:<br />

(1) The claimant dies.<br />

(2) The claimant returns to work.<br />

(3) The claimant is convicted <strong>of</strong> defrauding the <strong>FECA</strong> program.<br />

(4) The claimant forfeits compensation by failing to report earnings.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 617

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