Under certain circumstances, LHWCA payments are made via the DOL Special Fund. DOL
can only provide information on payments made by the DOL Special Fund. If the injured
worker cannot provide proof of the amount of the payments, verify the claim number
with the worker to facilitate contact with DOL.
The LHWCA claim number is an 8-digit number with the first two numbers separated from
the remaining six by a hyphen (e.g. 01-234567). The first two numbers identify the
Department of Labor (DOL), Division of Longshore and Harbor Workers’ Compensation
(DLHWC) district office (DO) handling the account when it was first filed.
To obtain proof of these payments:
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Send an SSA-1709 (Request for Workers’ Compensation/Public Disability Benefits Questionnaire)
to the DLHWC DO where the claimant resided on the date of the injury.
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Refer to DI 52145.010 - Completion and Receipt of the Form SSA-1709.
In some cases, current proof is also attainable via on-line access to DOL’s website
at:
https://www.dol.gov/appeals/decisions.htm
It provides access to Office of Administrative Law Judges and Benefit Review Board
decisions for LHWCA and Black Lung benefits. Access can be obtained without a password.
This link can also be useful in obtaining lump-sum settlements.
Establish a tickle date for 35 days for return of the proof from DOL.
When the tickle date matures:
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Check for any paper responses.
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If DOL has not responded, contact the DOL office the request was mailed to.
CAUTION: Make contact with the same office the SSA-1709 was mailed to locate the DOL representative
handling the number holder’s (NH) claim.
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Document the folder with a complete explanation of the issue that needs to be resolved.
When the proof is received:
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Cancel any development control.
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Review the master beneficiary record (MBR) and the rest of the electronic record for
any necessary adjustments.
NOTE: The proof from DOL is a third party report and therefore, due process is needed prior
to any reduction in the disability benefits per GN 03001.015 - Notices Required Before And After Taking A Title II Adverse Action and GN 03001.025 - Processing Third Party Reports. Due process notices are found in NL 00703.511-.NL 00703.513.
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Retain proofs following the procedure in DI 52145.015 - Retention of Workers’ Compensation/Public Disability Benefit (WC/PDB) Proofs
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Diary for the next annual increase
Set a diary date for 35 days for return of the proof from DOL and place the action
control record (ACR) in a development holding file (DHF) location. Do not send the
ACR to FIN. When the diary matures:
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Check for any paper and/or paperless responses. Be sure to check all ACRs regardless
of type of event (TOE) levels.
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If no response is received, contact the DOL office the request was mailed to.
CAUTION: Make contact with the same office the SSA-1709 was mailed to locate the DOL representative
handling the worker’s claim.
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Document the paper folder or paperless folder with a complete explanation of the issue
that needs to be resolved.
When proof is received:
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Cancel any develop control
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Review the MBR and the rest of the electronic record for any necessary adjustments.
NOTE: The proof from DOL is a third party report and therefore due process is needed prior
to any reduction in the DIB benefits. See GN 03001.015 - Notices Required Before And After Taking A Title II Adverse Action and GN 03001.025 - Processing Third Party Reports. Due process notices are in NL 00703.511-.NL 00703.513).
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Retain proofs following the procedure in DI 52145.015 - Retention of Workers’ Compensation/Public Disability Benefit (WC/PDB) Proofs.
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Diary for the next annual increase.
If unable to verify LHWCA payments:
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Use maximum compensation rate if no previous proven rate in file.
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If a proven rate is in file, apply the annual cost of living increases. To obtain
LHWCA national average weekly rates beginning 1973, use the Department of Labor link:
http://www.dol.gov/owcp/dlhwc/NAWWinfo.htm and
http://www.dol.gov/owcp/dlhwc/lsindustrynotices/industrynotice133.htm .
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The maximum LHWC benefit is 200 percent of the Average Weekly Wage in the U.S. or
the employees’ full weekly wage, whichever is less.
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As a last resort convert the LHWCA payment up to the present date because the LHWC
rates are subject to change.
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Post rates as proven for Interactive computation facility (ICF) processing.
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Complete any triennial redeterminations of the ACE that might be due.
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Document the master beneficiary record (MBR) with a special message stating the WC
payments cannot be proven. Be sure to document the paperless or paper file with all
attempts (even unsuccessful attempts) to locate proof.
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Diary for the next annual increase.
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Send the disabled worker a complete notice.
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