Printing - FECA-PT2 - National Association of Letter Carriers

(3) Provide the claimant or attorney with current disbursements including printouts of
the compensation and bill payment histories. In death claims, the disbursements will be
reported separately for each beneficiary.
b. Initial FEEWC Action on Receipt of Referral. On receipt of a case, FEEWC will make an initial
analysis to ensure that the case receives sufficient attention in advance of the expiration of the
statute of limitations.The FEEWC will establish and use an automated reminder system (docket,
AR, or similar system) to track cases pending in the office, and will request periodic status reports
from the claimant and/or the claimant’s attorney.
c. Beneficiary’s Failure to Respond. A FECA beneficiary is required to take action against a
responsible third party to satisfy the requirements of §§ 8131 and 8132 of the FECA. A FECA
beneficiary is also required to provide periodic status updates and any other relevant information in
response to requests from OWCP or FEEWC, 20 C.F.R. § 10.707. If a FECA beneficiary refuses or
fails to respond to requests for information, it may be determined that he or she has forfeited his
or her right to compensation, or that the right to compensation is suspended, under 20 C.F.R. §
10.708. FEEWC will send two warning letters to the FECA beneficiary’s attorney or the FECA
beneficiary, if unrepresented, before notifying OWCP of its recommendation concerning the
appropriate action to be taken due to the FECA beneficiary’s failure to respond. Also note that
when a FECA beneficiary is represented by counsel, the primary responsibility for providing periodic
status updates and any other relevant information is counsel’s.
When a FECA beneficiary is represented by an attorney, all SOL contact should be made with the
FECA beneficiary’s attorney. In such circumstances, FEEWC should not communicate directly with
the beneficiary on matters within the scope of the attorney’s representation, unless the attorney
has provided FEEWC specific written permission for such practice.
If a represented FECA beneficiary contacts FEEWC by telephone, the beneficiary should be advised
that FEEWC will not discuss any matters with him or her without the attorney’s express permission.
If FEEWC receives written correspondence from a represented FECA beneficiary, the written
response by FEEWC should be sent to the FECA beneficiary’s attorney.
d. Failure to Prosecute an Action.
(1) What constitutes failure to prosecute? 20 C.F.R. § 10.707 sets forth the minimum
that is required of a FECA beneficiary who has been notified that action against a third party
is required. Paying the required refund alone, after a recovery from a third party has been
received, is not the only requirement that must be satisfied. Among other responsibilities,
the beneficiary is responsible for providing periodic status reports and other information
when specifically requested to do so by OWCP or FEEWC. In addition, as provided by §
10.707(c), unless specific permission is granted by OWCP or FEEWC, the beneficiary may
not settle or dismiss a case for any amount less than the refundable disbursements as
defined in § 10.714.
(2) Sanctions for Failure to Prosecute. Under 20 C.F.R. § 10.708, OWCP/SOL may
determine that a FECA beneficiary who fails to satisfy the statutory and regulatory
requirements for prosecution of a third party action has forfeited all past and future
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