28 C.F.R. § 301.315

Review of entitlement

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(a) Each monthly compensation recipient shall be required, upon request of the Claims Examiner, to submit to a medical examination, by a physician specified or approved by the Claims Examiner, to determine the current status of his physical impairment. Any reduction in the degree of physical impairment revealed by this examination shall result in a commensurate reduction in the amount of monthly compensation provided. Failure to submit to this physical examination shall be deemed refusal, and shall ordinarily result in denial of future compensation. The costs associated with this examination shall be borne by Federal Prison Industries, Inc.

(b) Inasmuch as compensation awards are based upon the minimum wage, any income received by a compensation recipient which exceeds the annual income available at the minimum wage (based upon a 40 hour work week), including Social Security or veterans benefits received as the result of the work-related injury for which Inmate Accident Compensation has been awarded, shall be deemed excessive. The amount of compensation payable to a claimant with an income deemed excessive shall be reduced at the rate of one dollar for each two dollars of earned and benefit income which exceeds the annual income available at minimum wage. Each monthly compensation recipient shall be required to provide a statement of earnings on an annual basis, or as otherwise requested. Failure to provide this statement shall result in the suspension or denial of all Inmate Accident Compensation benefits until such time as satisfactory evidence of continued eligibility is provided.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2018–2021 · leading case: Simon v. United States Dep't of Just. (D.D.C. 2021).

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Simon v. United States Dep't of Just. (D.D.C. 2021). · cites it 3× “In June 2018, Plaintiff’s benefits were suspended pursuant to 28 C.F.R. § 301.315 (b), due to his failure to provide the required statement of earnings.”

Simon v. United States Dep't Of Just. (D. Mass. 2018). “See 28 C.F.R. § 301.315 (b) (where FPI requests but recipient fails to provide a statement of earnings, IACA benefits will be suspended “until such time as satisfactory evidence of continued eligibility is provided).”

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