Printing - FECA-PT2 - National Association of Letter Carriers

(2) The Nature and Complexity of the Claim. Representatives appear in all types of cases
from the routine and simple to the unusual and complicated. The decision should discuss
whether any unusual or complex questions of law or medicine were involved, discuss the
issues in general, and describe what the representative did to overcome the defects in the
claim. Any unusual measures needed to obtain factual or medical evidence should be
noted.
(3) The Actual Time Spent on Development and Presentation of the Claim. The CE must
consider not only the time spent in conferences with the claimant (and others) which had a
bearing on the claim, but the time spent on investigations, study of the case record, travel,
and appearances at hearings as well. In addition, the accuracy of the representative's
description of letters written and phone calls made to OWCP, as well as any other evidence
submitted, should be verified by a thorough review of the case record. The time claimed by
the representative should be commensurate with the actual services performed. The CE
should bear in mind, however, that the ECAB has found that a representative has broad
latitude in exercising professional judgment in connection with the preparation of a client's
case. A representative has the responsibility to study and research the client's case. Such
work, insofar as it is within reasonable bounds, is entitled to consideration in fixing the fee,
even though all the work may not prove helpful in producing relevant evidence or legal
precedent. The test of necessary services is whether such services seemed reasonably
necessary at the time they were performed (Anna Palestro (Vincent Palestro), 15 ECAB 241
(1964)).
(4) Customary local charges for similar services. The CE should also consider the
customary charges for similar services in the representative's locality. Consequently, in the
event of a disputed fee, the CE may ask the representative to state the customary local
charges for services of the type he or she has rendered. If necessary, the CE may request
this information from the local bar association, state compensation boards and
commissions, or any other appropriate source.
e. Fee Reduction. In each instance where a claimant disputes the representative's fee request and
files an objection (the signed statement of disagreement is sufficient); OWCP will make a formal
determination and issue an appropriate decision. This decision will include appeal rights for both
the claimant and the representative.
It is important to note, however, that ECAB has ruled "that where the Office proposes to
reduce a requested fee, including the hourly rate the representative may charge, the
representative is entitled to notice of the reasons for the proposed reduction and an
opportunity to respond with written comments and by affidavit prior to a decision [being
issued]" Edgar Aikman, 32 ECAB 1570 (1981).
Therefore, in these instances, the Office will issue a letter to the representative explaining the
reasons for the proposed fee reduction, and advising him or her to submit evidence or argument
against the reduction within 30 days from the date of the letter.
Form CA-996 is a formal decision that is used when no controversial or complex issues are involved
FECA-PT2 Printed: 06/08/2010 586