2005 FECA Circulars Archive

Attention: This circular has been superseded and is inactive.

FECA CIRCULAR NO. 05-01

November 19, 2004

SUBJECT: DUAL BENEFITS - FERS COLA

Effective December 1, 2004, Social Security Benefits will be increased by 2.7%. This requires the amount of the FERS dual benefits deduction to be increased by the same amount.

This adjustment will be made from the National Office for all cases that were correctly entered into the ACPS Program. The adjustment will be effective with the periodic roll cycle beginning January 23, 2005. There will be no adjustment or overpayment declared for the period December 1, 2004 through January 22, 2005.

The National Office will provide a notice to each beneficiary affected. A copy will be provided for each case record.

SSA COLA's are as follows:

E. MARTIN WALKER
Acting Director for
Federal Employees' Compensation

Distribution: List No. 1, Folioviews Groups A and D(Claims Examiners, All Supervisors, District Medical Advisors, Systems Managers, Technical Assistants, Rehabilitation Specialists, and Staff Nurses)

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Attention: This circular has been superseded and is inactive.

FECA CIRCULAR NO. 05-02

January 16, 2005

SUBJECT: Fiscal - Current Interest Rates for Prompt Payment Bills and Debt Collection

The interest rate to be assessed for the prompt payment bills is 4.25 percent for the period of January 1, 2005 through December 31, 2005.

The rate for assessing interest charges on debts due the government has not changed. The interest rate for assessing interest charges on debts due the government remains 1.0 percent for the period of January 1, 2005 through December 31, 2005.

Ordinarily, the rate of interest charged on debts due the government is only changed in January, and is effective for the entire year. However, the rate may be changed in July if there is a difference in the Current Value of Funds (CVF) interest rate of 2.0 percent or more. The rates are reviewed each June, and if the rate has changed another Circular will be published to advise all appropriate personnel of the new rate.

Attached to this Circular is an updated listing of both the prompt payment and DMS interest rates from January 1, 1985 through the current date.

JAMES L. DEMARCE
Acting Director for
Federal Employees' Compensation

Attachments

Distribution: List No. 2--Folioviews Groups A, B, and D (Claims Examiners, All Supervisors, Systems Managers, District Medical Advisors, Technical Assistants, Rehabilitation Specialists, and Fiscal and Bill Pay Personnel)

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Attention: This circular has been superseded and is inactive.

SUBJECT: Bill Pay – Revised Form CA-16

To better inform medical providers and streamline our billing process, Form CA-16 now includes language outlining the specific types of services it covers and those it excludes. Under the heading "Information for Physician," the following three sentences were added to the subsection "Your Authorization":

This form covers office visits and consultations, laboratory work, hospital services (including inpatient), x-rays, MRIs, CT scans, physical therapy, emergency services (including surgery) and chiropractic services. Chiropractic services are limited to charges for physical examinations and x-rays to diagnose a subluxation of the spine and treatment consisting of manual manipulation of the spine to correct a subluxation demonstrated by x-ray.

This form does not cover elective and non-emergency surgery, home exercise equipment, whirlpools, mattresses, spa/gym membership and work hardening programs.

Although Form CA-16 was revised in February of this year, OWCP will continue to accept both versions of the form through June 30, 2005. However, effective July 1, all bills submitted under a Form CA-16 will be processed by ACS in accordance with the new coverage policy outlined above.

DOUGLAS C. FITZGERALD
Director for
Federal Employees' Compensation

Distribution: List No. 1--Folioviews Groups A and D (Claims Examiners, All Supervisors, Systems Managers, District Medical Advisors, Technical Assistants, Rehabilitation Specialists and Staff Nurses)

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Attention: This circular has been superseded and is inactive.

SUBJECT: Due Process – Revised Appeal Rights

As a part of our ongoing efforts to improve customer service, the Appeal Request Form has been updated in order to clarify the hearing options that are available to potential appellants. Specifically, under "ORAL HEARING," the revised form advises potential appellants of the following:

Depending on your geographical location, the issue involved in your case, the number of hearing requests in your area, and at the discretion of the hearing representative, we may be able to expedite your appeal by offering you a telephone hearing. If OWCP deems your case suitable for teleconference and you are open to this option, please check here. _____

This policy affords claimants who reside in areas where hearings are not frequently held the opportunity to receive an expedited hearing. It should be noted, however, that this option is granted solely at the Office's discretion.

DOUGLAS FITZGERALD
Director for
Federal Employees' Compensation

Distribution: List No. 1--Folioviews Groups A and D (Claims Examiners, All Supervisors, District Medical Advisors, Systems Managers, Technical Assistants, Rehabilitation Specialists, and Staff Nurses)

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Attention: This circular has been superseded and is inactive.

SUBJECT: Imaged FECA Cases to Be Provided in Portable Document Format (PDF) on CD-ROM

In accordance with the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the Privacy Act, with implementing regulations at 29 C.F.R. Parts 70 (FOIA) and 71 (Privacy) governing the production or disclosure of information or materials, it has been the practice of OWCP to provide copies of FECA case files to claimants and/or their authorized representatives. Up to the present time, this has involved the provision of paper copies only. However, with the recent use and proliferation of electronic media for access, research, documentation, and storage of records, it has become reasonable to expect and request access to one's records in an electronic format. In response to such requests from claimants or their representatives, OWCP has considered the issue and determined that FECA case records that are already in an imaged format can be readily reproduced at a reasonable cost in portable document format (PDF) on CD-ROM.

Regarding the provision of case records on CD-ROM, it was necessary to develop a consistent policy as well as a method for handling them expeditiously. To that end, this circular provides guidance for the uniform handling of requests for copies of imaged case records on CD-ROM. The procedures described below will be effective within thirty (30) days of the release of this circular. Please ensure that proper notification/training is provided to all district office personnel that are affected.

When a written request for a copy of a FECA case record on CD-ROM under the FOIA/Privacy Act is received, the responsible claims examiner (RCE) should first determine whether the case record contains sensitive documents that should not be released directly to the claimant. Where the RCE determines that the case file contains such evidence, a paper copy without the sensitive documents will be provided in lieu of a CD-ROM in order to preserve the integrity of the electronic record. The RCE should follow established procedures for releasing the redacted medical evidence to the physician designated by the claimant. This policy applies regardless of whether it is the claimant or his/her representative who makes the copy request.

As a consequence of the regulations found at 29 C.F.R. § 71.6(a) and 20 C.F.R. § 70.40(c)(4), the OWCP may only charge claimants for a CD-ROM copy of the case record where the following two conditions exist: (1) the claimant has recently received a printed copy of his or her entire file and (2) the cost of providing a CD-ROM copy will exceed $15.00.

The ability to create CD-ROM copies of electronic case records within iFECS will be restricted to only two DFEC employees per district office. The local iFECS Site Manager (ISM) will provide the authorized individuals with access to the appropriate function (i.e., Imaging Allow Printing to any Printer - No Bulk Printer Restriction) once the DFEC iFECS Supplemental Privileges Request Forms have been completed. (The authorized individuals must have Adobe® Acrobat® 6.0 or later installed on their computers in order to create case record copies in PDF format.)

In those instances where it is appropriate to release a CD-ROM copy, the RCE should refer the matter, in writing, to the designated district office staff dedicated to handling such requests. The referral from the RCE will also instruct this person to indicate both the appropriate file number and date the case record copy was created on the CD label template prior to printing it.

The designated staff person for case records production on CD-ROM will, upon receiving the instructions from the RCE, proceed to create a copy of the case record by way of a secure PDF file, and then copy it onto a CD-ROM.

For the purposes of security, privacy, and quality assurance, the completed CD-ROM copy should be returned to the RCE for inspection before release to the requestor. The RCE should ensure that the PDF file is password protected, and the appropriate file number and date appear on the CD label. Along with the CD-ROM copy, the RCE will send the appropriate Privacy Act-response form letter (located in the Correspondence Library) to the requestor, which includes instructions on how to access the secure PDF file.

DOUGLAS C. FITZGERALD
Director for
Federal Employees' Compensation

Distribution: List No. 1, Folioviews Groups A and D (Claims Examiners, All Supervisors, District Medical Advisors, Systems Managers, Technical Assistants, Rehabilitation Specialists, and Staff Nurses)

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Attention: This circular has been superseded and is inactive.

SUBJECT: Dual Benefits - FERS

Reference is made to FECA Bulletin 97-9, where the procedures for computing FERS Dual Benefits are outlined. Action item 3 indicates a point of contact at SSA who was performing the necessary computations for OWCP. These computations are currently assigned to a number of modules based on the last 2 digits of the SSN as follows:

Please change the SSA contact information in Bulletin 97-9 to reflect these assignments.

DOUGLAS C. FITZGERALD
Director for
Federal Employees' Compensation

Distribution: List No. 1, Folioviews Groups A and D (Claims Examiners, All Supervisors, District Medical Advisors, Systems Managers, Technical Assistants, Rehabilitation Specialists, and Staff Nurses)

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