Printing - FECA-PT2 - National Association of Letter Carriers

(5) If no reply to Ltr. CA-1045 is received within 30 days, release another Ltr. CA-1045
with the notation "SECOND REQUEST," and again schedule the case for review in 30 days.
If no reply to the second Ltr. CA-1045 is received within 30 days, the DCE should release a
letter notifying the claimant that, if a reply is not received within 30 days, the claimant’s
right to compensation will be suspended pursuant to 20 C.F.R. § 10.708. If no satisfactory
response is received within 30 days, the DCE will release a letter notifying the claimant of
the suspension of compensation entitlement.
(6) If total OWCP disbursements and/or days of disability have exceeded the established
limit for a minor third party case, the case will be set for review by the DCE, with
immediate referral to the appropriate office. In addition, any minor third party case should
be set for review at three-month intervals. At each review, the DCE should review the case
for any new information indicating a possible change in third party status.
(7) Determination Not to Require Action To Be Pursued Against a Third Party. Where a
beneficiary makes a written request to OWCP or FEEWC pursuant to 20 C.F.R. § 10.709 to
be released from section 8131’s requirement that the beneficiary prosecute a claim against
a third party, the beneficiary should include as much detailed information a possible
regarding: the circumstances of the injury or death; the extent and amount of damages
resulting from the injury or death; the potential for recovery, including, in appropriate
cases, an attorney’s assessment of the chances of prevailing on the merits, and an
attorney’s assessment of the costs of suit relative to the potential recovery; and any other
considerations the beneficiary or attorney believes to be relevant to OWCP/SOL’S
determination whether to release the beneficiary from section 8131’s prosecution
requirement.
After considering the request of the beneficiary, and any further information or
documentation requested from the beneficiary or the attorney, the beneficiary will be
provided written notification of the determination on the request. This notification will
emphasize that this discharge extends only to the prosecution requirement of
section 8131, and that, should a recovery from a third party be received, the
refund requirement imposed by section 8132 is still in effect.
b. DCE Action on Receipt of Statement of Recovery (SOR). (The OMB approved SOR, Form
EN-1108, must be used.) When the SOR is received along with information concerning the amount
of refund, the DCE should take the following actions:
(1) If the SOR has been approved by the SOL, then skip to step (2), otherwise review
the claimant's SOR for accuracy. If accurate and complete, approve the SOR by initialing
and dating the form.
(2) The DCE should send the appropriate notice to the claimant with a copy to the
employing agency and the claimant's attorney. This notice confirms receipt of the refund
and informs all parties of any surplus recovery against which future compensation
payments must be credited (Ltr. CA-1044 if there is a third party credit, or Ltr. CA-1120 if
there is no credit).
FECA-PT2 Printed: 06/08/2010 558