Printing - FECA-PT2 - National Association of Letter Carriers

to the FEEWC, the FECA beneficiary’s attorney, or the FECA beneficiary, if unrepresented, will be notified
of the transfer, and will be advised of the obligation to prosecute an action for damages against the party
responsible for the injury.
a. Once the DO has referred a third party claim to FEEWC,
FEEWC will:
(1) Review the claim to ensure that there is third party liability and that the claim meets
the criteria to be referred to SOL; if either of these requirements is not satisfied, the case
will be returned to the owning DO, with an explanation for the return;
(2) Advise the claimant or the claimant’s attorney of the provisions of 5 U.S.C. §§ 8131
and 8132. Also, the attorney should be advised that if it is the attorney’s opinion that the
claim is not economical to pursue, the attorney should make a written request under 20
C.F.R. § 10.709 for release of the obligation to pursue a recovery (providing the information
described above in 2-1100.7.a.(6)). FEEWC will then make a determination whether to
discharge the claimant’s obligation under the Act to pursue an action against a third party;
and
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