Printing - FECA-PT2 - National Association of Letter Carriers

Such certification from an architect or a licensed building contractor must include a
full explanation of why the present home is not structurally modifiable. The OWCP
RC may also assist with obtaining this information.
(c) If it is accepted that the present home cannot be structurally modified, other
existing home purchase options must be explored and precluded prior to considering
new construction. New construction will generally add more delays, time and
money, as well as a degree of complexity, and therefore should only be considered if
no other option exists. Justifications for construction of a new house must be related
to the work injury and not on the basis of personal preference.
(d) Where the present home cannot be modified without structural damage,
OWCP will be responsible for the difference between the cost of the new house and
that of the existing house. If the claimant purchases a house that represents an
increase in his or her standard of living, due to personal preference, the cost of the
upgrade will be the claimant’s responsibility. For example: If the claimant owns a
house worth $100,000 with a mortgage at the time of sale of that house of $85,000,
his or her position at the time of purchasing or building the new home should be that
he or she owes $85,000 on the new mortgage. OWCP does not purchase the house
but will make up the difference up to the worth of the present residence, i.e.,
$100,000. In such a case, the responsibility of OWCP would also include housing
modifications and modifications to the architectural plans. See, e.g., Wayne G.
Rogers, 54 ECAB 482 (2003). However, OWCP is providing purchase assistance and
is not purchasing the house. Therefore, neither OWCP nor any Government agency
will be named on the deed to the house in such an arrangement.
(4) If the claimant lived in his or her own house at the time of injury and makes the
decision to buy or build a new home for reasons other than those described above, OWCP
will pay only the cost of modifying a suitable house. The OWCP will not pay moving
expenses. If the claimant decides on his or her own to purchase or build a new house, the
OWCP will only pay any extra expenses in altering the plans and for medically necessitated
modifications to the new house.
(5) Modifications will be consistent with the current home and no more expensive than
necessary to accomplish the required purpose. For example, in remodeling a bathroom, it
may be feasible to remove and reinstall an existing sink to wheelchair height, rather than
discard it and buy a new sink. If the existing sink cannot be used, purchase of the most
cost-effective comparable sink that will fulfill the purpose of providing accessibility will be
approved. Another example involves access issues related to ramps, lifts and elevators.
When determining the most appropriate mode of access to or within a home, the most
cost-effective modification should be selected. Each item for modification should be
assessed in terms of safety, accessibility and cost-effectiveness, as well as meeting the
injured worker’s pre-injury standard of living, as is practical. The specification of a
particular product brand should be avoided unless it is established that a single name brand
is the most cost-effective means of meeting the requirement for the modification.
(6) The cost-effectiveness of modifications to meet a temporary need, when the
FECA-PT2 Printed: 06/08/2010 721