Printing - FECA-PT2 - National Association of Letter Carriers

ehabilitation professional. The purpose of the on-site visit will be to provide a report of
general requirements that will be necessary to accomplish the medically necessary housing
modifications. In addition, the RC or other medical rehabilitation professional will assist in
locating architects to draw up plans for modifications when needed, and contractors for
building and installing the modifications.
(2) Modifications to a house must be consistent with the claimant's pre-injury standard
of living and should approximate that standard insofar as practical. The purpose of the
FECA is not to provide an enrichment program in proportion with the severity of the injury
sustained. To do so would extend the program beyond the intent and scope of the FECA
which is to provide an adequate substitute for an employee's loss of earning ability to
provide for his or her living needs. For example: If a claimant must purchase or build a new
home because the current residence would not be structurally sound to modify, the new
residence must be comparable in size (i.e. square feet of living area) and quality to the
currently owned home. Or, if new doors and special door knobs must be installed in the
claimant's residence, the quality of the hardware and finish of the doors, the hardware
itself, and any molding should be comparable to those being replaced. See Janice Kirby, 47
ECAB 220 (1995) (ECAB held that OWCP did not abuse its discretion to restrict benefits
under section 8103 to the new construction of those items necessary to accommodate
appellant's injury-related condition. In this case, appellant's parents acknowledge that the
construction of the new home intended to accommodate appellant was based on personal
and financial considerations and not on the structural unsoundness of appellant's existing
home.)
(3) In analyzing a housing modification proposal, it is OWCP’s policy to fully explore
modifications to a present house before consideration of a purchase or building of a new
home. If the claimant elects to purchase a new home or build a new structure, for any
reason other than that it would be structurally unsound to attempt to modify the present
house, it must be made clear that the OWCP is responsible only for the modifications and
relevant plans for the new house which are necessitated by the work injury. In such a
situation, OWCP is not responsible for the cost of the new house. The only situations which
warrant that the OWCP be involved with helping to purchase or build a new home is where
it would be impossible to make the necessary modifications to the present home or that
such modifications would cause structural damage to the house.
(a) OWCP will not find that the purchase of or building of a new home is
warranted solely on the basis that modifying the present home is too costly. As
long as the needed modifications can be achieved without structural damage to the
property, OWCP will cover the cost. Also, it would not be considered sufficient
reason for the OWCP to assist in the purchase or construction of a new house if the
claimant finds that it would be aesthetically undesirable to make an addition to his or
her present home. In addition, a claimant’s concern that modifications will negatively
affect the home’s property value is insufficient to warrant purchasing or building a
new home for modification rather than modifying the existing structure.
(b) The claimant is required to establish with written certification from at least
two professional sources that his or her present home is not structurally modifiable.
FECA-PT2 Printed: 06/08/2010 720