Printing - FECA-PT2 - National Association of Letter Carriers

(1) Identify and request all information that will be required both to adjudicate the claim
and set up payments if the case is accepted. This approach will avoid piecemeal
development and delays in adjudication and payment. For instance, in a case where
additional evidence is needed to establish both fact of injury and the correct pay rate, the
CE should request information pertaining to both issues at the same time even though the
pay rate information is not needed immediately.
(2) Attempt to secure evidence in the custody of a Federal agency, as it is more readily
available to OWCP than to the claimant. A classic example of this is exposure data of a
historical nature.
(3) Avoid requesting evidence which already appears in the file or for which no need is
anticipated. Such requests place an unwarranted burden on the party asked to submit the
information, and unnecessary material creates a bulky file which then requires additional
time to review.
(4) To the extent possible the same Claims Examiner should handle all claims involving
the same part of the body for a given claimant.
c. Deny the Case. In some instances, the evidence may indicate that no additional
information could possibly overcome one or more defects in the claim (for instance, a claim with a
clear statement concerning incidents alleged to have caused a disability where none of the
incidents occurred within performance of duty). Such a case may be denied without further
development (see FECA PM 2-1400).
d. Processing a Request to Withdraw a Claim. A claimant or survivor may submit a written
request to withdraw his or her claim prior to adjudication of the claim. This includes claims for a
traumatic injury, occupational disease, and survivor benefits. It also applies to short-form closures
cases that have not been formally adjudicated. Although a claimant or survivor may withdraw a
claim, the notice itself cannot be withdrawn. [See FECA Regulations, 20 C.F.R. 10.100(b)(3),
10.101(a) and 10.105(a)]. Upon receipt of a written request from the claimant or survivor, the
CE must take the following actions:
(1) In any compensation case where a written notice of intent to withdraw a claim is
received prior to the adjudication of the claim, the CE must advise the claimant or survivor
in writing that the claim is now viewed as withdrawn. If a request is received to reopen a
withdrawn claim, a new case number should be assigned. The CE should use information
from the previously withdrawn claim to develop any issues (e.g., performance of duty) on
the new case.
(2) The CE should use the sample letter shown in Exhibit 1 as written notification to the
claimant or survivor.
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