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Printing - FECA-PT2 - United States Department of Labor

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a routine matter in situations which present no clear indication <strong>of</strong> fraud. For example, such<br />

an investigator may check on the activities <strong>of</strong> a person receiving periodic roll benefits to<br />

obtain specific evidence <strong>of</strong> the kinds <strong>of</strong> physical movement (lifting, climbing) the claimant is<br />

able to engage in, or visit a workplace to determine the factors <strong>of</strong> employment to which the<br />

claimant is exposed.<br />

a. Recommending Cases for Investigation.<br />

(1) If a thorough investigation is needed, the CE should prepare an<br />

information worksheet (Exhibit 1) and a typewritten memorandum to the<br />

ADD, which includes:<br />

(a) The particular issues about which additional evidence is<br />

required; it is the CE's responsibility to give a clear and concise<br />

description <strong>of</strong> the specific problem so that the need for the<br />

investigation will be apparent.<br />

(b) A resume <strong>of</strong> the relevant evidence appearing in the record.<br />

(c) A brief explanation <strong>of</strong> the reason this evidence is not sufficient<br />

to permit a proper determination.<br />

(d) A brief outline for the kind <strong>of</strong> evidence which the investigator<br />

should seek, including the names <strong>of</strong> any persons the CE believes<br />

should be contacted.<br />

Other material pertinent to the investigation, such as a blank OWCP-20 to<br />

collect financial information in an overpayment case, may be attached to the<br />

worksheet.<br />

(2) When only a few items are needed to adjudicate a case (i.e., a witness<br />

statement or an existing specific medical report which correspondence has<br />

filed to produce), the CE may request a limited investigation to secure the<br />

evidence. The request should contain the full names and addresses <strong>of</strong> the<br />

custodians <strong>of</strong> the needed evidence.<br />

Under no circumstances should the CE attempt to instruct the investigator<br />

concerning the conduct <strong>of</strong> the inquiry.<br />

b. Decision to Investigate and Assignment <strong>of</strong> Claim. After compiling the material<br />

listed above, the CE will send it to the ADD through the Supervisory Claims<br />

Examiner. If the ADD agrees with the CE's recommendation, he/she will forward it<br />

to the District Director (DD), who will decide whether the case should be<br />

investigated. If so, the DD will forward it to the appropriate <strong>of</strong>fice for assignment.<br />

In accordance with 5 U.S.C. 554(d), an individual who will be involved in the final<br />

adjudication <strong>of</strong> a case may not participate in such an investigation.

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