Printing - FECA-PT2 - National Association of Letter Carriers

g. Discussion of Legal Issues. These should be discussed in a memorandum to the file.
h. Appeals and Administrative Actions. Histories of appeals, remands, and administrative
actions of the OWCP, such as requests for investigations, do not help to resolve medical issues and
may actually prejudice the outcome of a claim. An exception can be made in situations where a
brief explanation would be useful in a long running case to note that the case has undergone
multiple appeals or where ECAB has instructed that a new SOAF must be prepared.
2-0809-8 Modification of SOAF
8. Modification of SOAFs.
a. Modification of a SOAF is required whenever the previous SOAF ceases to accurately
represent all current facts of a case record. It is important to note that modifying a prior SOAF is
distinct from correcting an inaccurate SOAF. Updating factual or medical information would be a
modification of a SOAF.
Correcting gross inaccuracies in a prior SOAF that may lead to a reduction of benefits, such as
rescission of either a previously accepted condition or of an accepted case in its entirety, requires
due process (notice and an opportunity to respond) and a formal decision with appeal rights [see
FECA PM 2-0804.17(k)].
Whenever the CE determines that a request to a physician is necessary to obtain a reasoned
medical opinion on issues of causal relationship, such as the nature, extent and degree of a
work-related condition, the CE will undertake a formal review of the case record. This review will
be conducted in order to determine whether factual or medical changes have occurred since
issuance of the previous SOAF. A physician’s opinion would only be considered valid and be
assigned the weight of medical evidence if that opinion was based upon an accurate factual and
medical history. The CE, therefore, should consider amending a previous SOAF whenever further
medical opinion is being sought.
b. There are certain instances when a CE must undertake modification of
a SOAF. All modifications made to a SOAF must be supported by the evidence of
record. Reasons for modifying a SOAF include, but are not limited to:
(1) A change in the work-related medical condition, where the evidence of
record supports the acceptance of additional medical conditions.
(2) Rescission of a previously accepted medical condition when due process was given and
a formal denial was issued.
(3) New information that reflects other changes in the claimant’s life, such as a change in
work duties or hours of work, or the claimant returns to any type of employment not
previously noted in the SOAF.
(4) Receipt of an Investigative Memorandum which yields relevant findings not already
known, such as a claimant regularly engaging in strenuous physical activity such as soccer
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