When processing an award at the appeals, ALJ, Appeals Council (AC), and Federal Court
level, check for current WC/PDB payment information. Review the claim folder (paper
or electronic), the MCS screens, and the EP to determine if a request for proof was
already done or to check that proof may already be in the file. Proof should be current.
We consider WC/PDB evidence of periodic payments as current at the pre-adjudicate
state if the proof is no more than one year old. To count this period, review the date posted on the WC/PDB evidence in the file
as a starting point. Therefore, if the proof in the file is more than one year old, you must obtain current proof.
EXCEPTIONS: Technicians must re-verify the WC/PDB proof in the file at the time of adjudication
regardless of the date of the WC/PDB proof in the following three situations:
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•
State or Federal WC is readily available online;
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•
Payment involves a known yearly WC/PDB cost of living adjustment (COLA) which would
be paid at a date between the date last proven and date of adjudication; or
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•
Appeal or claim was pending at last verification and expected date of decision has
passed.
IMPORTANT NOTE: To expedite case processing, technicians should utilize concurrent development efforts
by contacting both the beneficiary or their representative, the WC payer, insurance
carrier, or WC attorney to obtain WC/PDB proof. Technicians should contact the NH
first for WC/PDB verification per DI 52145.001. If proof is readily available online, it should be requested. There is no need to
wait until you have exhausted one source of WC/PDB information before contacting another
after attempting to contact the NH. This means calling the NH directly, calling their
attorney, calling the WC attorney, and calling the WC carrier. You may need to get
permission from the beneficiary to receive any information from another appropriate
source. When contacting a beneficiary, advise them which other source you will be
contacting for WC/PDB proof and obtain permission when applicable when the NH cannot
or will not provide proof. Always verify the WC/PDB amount prior to adjudication to
avoid payment errors. Use direct contact (DIRCON) procedures when contacting all available
WC sources in GN 01070.305 through GN 01070.305 to obtain allegations of WC/PDB payments, or to find out what proof is readily available
from WC/PDB sources. Make two contact attempts per source and document all calls each time using a Report of Contact
(RPOC), whether the contact was successful or unsuccessful, or if the outcome resulted
in leaving a voicemail message.
Take the appropriate actions based on the situation, as follows:
a. The WC/PDB claim is still under appeal
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1.
If the NH requests full benefits pending resolution of the WC/PDB claim, obtain an
SSA-795 repayment statement, if not already in file, and an expected decision date
of any WC/PDB claim still under appeal per DI 52140.001F. A repayment statement is a statement that holds the NH liable for recovery of any
overpaid amount(s) for benefits that should have been offset. The repayment statement
on the SSA-795 form must be a completely dictated, free form statement from the NH.
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2.
Annotate MCS or ICF as appropriate, with any new WC/PDB claim information that you
received.
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4.
Establish a diary control (e.g., diary code 42) to follow-up on the status of the
appeal. For Processing Center Action Control System (PCACS) diaries, provide contact
names, telephone numbers, and any necessary WC/PDB claim information in the narrative
portion of the diary.
NOTE: If the NH requests, in writing, not to receive their full disability benefits pending resolution of the WC/PDB claim
or appeal, apply the State maximum WC rate in DI 52150.045. If the State maximum rate does not result in a full offset of benefits, use an alleged
rate higher than the weekly maximum to impose full offset per DI 52140.001F.
NOTE: The PC cannot pay the full DIB payment without the attested language on the initial
claim, a signed repayment statement, or documentation that the NH refuses to sign
a repayment statement.
b. Worker has proof of WC/PDB
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1.
Ask the NH to fax the proof directly to you or take it to their local FO as soon as
possible; and
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2.
hold the case no longer than five business days before follow-up.
c. Worker does not have acceptable proof or you are unable to contact the worker by phone
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1.
Check eView and the EP to determine if the FO already obtained a signed SSA-1709 (Request
for WC/PDB Benefit Information) for authorization to obtain WC/PDB proof.
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2.
Simultaneously attempt to contact the WC carrier, PDB payer, or the WC/PDB attorney
by phone per DI 52140.010B.1.
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3.
Request that the carrier or other appropriate source submit WC/PDB proof to SSA by
faxing it directly to you or mailing it to the applicable PC address.
NOTE: The NH is always the first contact for securing verification of WC/PDB. If the NH
does not have verification, they should provide contact information and give SSA permission
to contact the employer or insurance carrier. Technicians should contact the NH to
obtain authorization to contact other appropriate sources. For more information on
developing WC/PDB proof, see Verification/Proof of WC/PDB in DI 52145.001F and Obtaining Verification/Proof from Outside Sources in DI 52145.005.
d. You cannot obtain proof within 10 business days
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1.
Adjudicate the claim using the State maximum WC rate at the time of the WC/PDB injury
or illness. See DI 52150.045.
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2.
The technician should include Manual Adjustment Credit and Award Processes (MADCAP)
paragraph WCPR27 in the award notice or use dictated language that asks the beneficiary
to provide proof of WC/PDB. Refer to NL 00720.395.
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3.
If the beneficiary has an attorney or non-attorney representative, send neutral language
paragraphs in GN 03940.075.
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4.
Establish a 30-day diary to follow up on the response to our request for proof.
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5.
If there is no response or no WC/PDB proof is received from any source, including
the NH, continue development on a post-adjudicative basis even if the State maximum
WC rate is applied to the claim. Refer to DI 52145.001 for what is considered acceptable proof.
NOTE: If there is prior evidence in the file that is older than one year, use the most recent available evidence in lieu of the State maximum WC rate.
e. Discrepant WC/PDB answers
If the work-related question on the DIB application and related forms (refer to DI 52140.001B) is answered "yes" but the filing question is answered "no":
1. Obtain an explanation of the discrepancy from the NH or employer, as necessary.
2. Determine if a claim will be filed if the NH has not filed a WC claim.
3. Document the Modernized Claims System (MCS) RPOC screen or the electronic file
(EF)/eView/EP, with the response(s). Technicians may also use an SSA-795 to document
the NH's or employer's response(s).