7-3. Dual Benefits

The FECA prohibits payment of compensation and certain other Federal benefits at the same time. This
prohibition does not, however, prevent an individual from filing for benefits from more than one government
program at the same time. For instance, a claimant for disability benefits may file for a retirement annuity, either
regular or disability, while his or her claim with OWCP is pending. Similarly, a claimant for death benefits may file
for retirement benefits while his or her claim with OWCP is pending. Only if both benefits are approved will the
rules governing dual benefits be invoked.

a. Office of Personnel Management (OPM). Except for schedule awards, a person may not receive disability
benefits from OWCP concurrently with a regular or disability annuity (either CSC or FERS), nor may a person
receive death benefits from OWCP concurrently with a survivor's annuity (either CSC or FERS). Therefore, a
beneficiary who is entitled to both benefits must elect between them. The election may be offered by either
OWCP or OPM depending on the order in which entitlement is determined. An individual may, however, receive
disability benefits from OWCP or an annuity from OPM on his or her own behalf along with death benefits from
the other agency which are payable on account of a spouse's death.

The beneficiary may change his or her election for different periods of time based on the benefits which are more
advantageous. In either case, however, the beneficiary must be fully advised of the amount which will be
forthcoming and the nature and frequency of any increases which will accrue so that he or she can make an
informed election.

b. Department of Veterans Affairs (VA). Beneficiaries who receive compensation from the VA may also be
required to elect between the benefits paid by that agency and those paid by OWCP. Such an election is required
when the disability or death resulted from an injury sustained in civilian Federal employment and the VA has held
that it was caused by military service, or when the VA increases a service-connected disability award due to an
injury sustained in Federal civilian employment (in the latter case the election involves only the increase in VA
benefits due to disability incurred during civilian employment). No election is required between OWCP benefits
and those granted by the VA for strictly service-related disability. In death claims, any payment made by the VA
for funeral or burial expenses may not be duplicated by OWCP, and the total payable by both agencies may not
exceed $800.

c. Social Security Administration. An employee may receive Social Security payments payable on account of
non-Federal employment and OWCP benefits at the same time, subject to income limitations imposed by the
Social Security Administration. OWCP will offset Social Security benefits earned on account of Federal service.

d. Other Federal Income. An employee may receive compensation concurrently with military retired pay,
retirement pay, retainer pay or equivalent pay for service in the armed forces or other uniformed services subject
to reduction of such pay in accordance with 5 USC 5532 (b).

An employee may receive severance pay concurrently with compensation for a schedule award or for loss of
wage-earning capacity, but not with compensation for temporary total disability. Separation pay may constitute a
dual benefit, and an agency which is offering such payments should contact OWCP for further guidance.

Finally, an employee may receive unemployment compensation benefits concurrently with OWCP benefits.