Printing - FECA-PT2 - National Association of Letter Carriers

2-0700-1 Purpose and Scope
1. Purpose and Scope. This chapter describes procedures for developing and adjudicating death
claims under the FECA. It discusses entitlement to monthly compensation benefits, funeral and burial
expenses, and 24-month lump-sum payments.
2-0700-2 Policy
2. Policy. Death claims generally take precedence over other types of claims, and inquiries about
them should be answered with speed and sensitivity. Great care must be taken in adjudicating these
cases to ensure that dependents of a deceased employee do not suffer undue hardship because of delay
in adjudication. Death benefits are subject to garnishment for overdue child support or alimony
payments upon submission of proper documentation from a state agency or a court order (20 CFR
10.423).
2-0700-3 Authority
3. Authority. Death benefits to dependents of employees who die from job-related illness or injury
are outlined in 5 U.S.C. 8101 (6-11 and 17), 8102, 8119-8122, and 8133 (which also addresses
administrative costs related to terminating the decedent's status as a Federal employee). Section 8134
discusses funeral and burial costs and expenses for transportation of the body, and Section 8135 covers
lump-sum payments.
2-0700-4 Responsibilities
4. Responsibilities. The Office of Workers' Compensation Programs (OWCP) and the parties to the
claim have the following obligations in death claims:
OWCP. Upon receipt of a new death claim or notice that such a claim is about to be filed, the
Claims Examiner (CE) or Supervisory Claims Examiner (SCE) should telephone the surviving
spouse or other close family member. The caller should briefly and politely convey knowledge of
the death, express sympathy over the event, and state the desire to assist as much as possible in
processing the claim. The caller should advise the family member to expect to receive a postcard
bearing the case file number and district office's address, as well as a separate letter requesting
routine information needed to process the claim. The caller should give a telephone number and
assurance that he or she will be available to discuss the claim as needed.
The CE is responsible for advising claimants and employing agencies how to process a death claim.
This includes furnishing claim forms and instructions for obtaining evidence. Because evidence in
the custody of a Federal establishment is more readily available to OWCP than to a claimant, it is
the CE's obligation to secure such evidence. Also, the CE should render a decision on each case as
soon as possible to avoid delay in payment of benefits or exercise of appeal rights.
FECA-PT2 Printed: 06/08/2010 98