Printing - FECA-PT2 - National Association of Letter Carriers

and the requested fee is reduced due to a disallowance of time claimed (or simply the elimination
of administrative expenses from the fee application, per 5.a(1) above). If the representative's
services are totally or mostly of a routine nature and there is no novel point of law or medicine, the
determination of a reasonable fee rests largely upon the time spent in necessary services on the
claimant's behalf. In these situations, the CE should prepare an annotated copy of the
representative's itemized statement or an entirely separate statement showing the time claimed
but not approved and the reasons for the reduction. The statement should accompany Form
CA-996 and both the claimant and the representative should be provided a copy.
In all other cases, a narrative decision must be prepared. The decision must clearly show the
precise reasons for the final determination. Rationale must be given for any reduction in hours or
exclusion of other items such as expenses. If the claimant contested the amount of fee requested
as excessive or unreasonable, the decision must also provide rationale for the amount of fee
allowed.
2-1200-7 Authority to Approve Fees
7. Authority to Approve Fees.
a. District office personnel are authorized to evaluate and approve disputed fee requests in the
following amounts:
(1) Senior Claims Examiners: Up to $15,000
(2) Supervisory Claims Examiners: Up to $50,000
(3) Assistant District Director or
District Director: Over $50,000
b. The Supervisory CE may delegate in writing the authority to approve disputed fee requests to
GS 9-12 CEs in amounts up to $10,000.
The formal decision should be signed and released by a CE, Senior CE, Supervisory CE, Assistant
District Director, or District Director, depending upon who approved the fee request.
2-1200-8 Timely Case Action
8. Timely Case Action.
a. Notice of Award. Where the representative has submitted an application for fee approval prior
to or at the time of submission of the evidence needed to reach a decision in the case, the CE
should issue the notification of case acceptance, the notice of payment of compensation or notice
of award along with the ruling on the fee request. Compensation should be coordinated with the
decision on the fee request. Otherwise, the representative's chances of collecting the fee may be
jeopardized.
b. Payment. Compensation checks will not be forwarded routinely to a representative, either with
or without the claimant's approval, since this would provide an element of assistance in collecting
the fee. Such assistance is prohibited by the regulations and the spirit of 5 U.S.C. §8130,
exempting compensation payments from the claims of creditors.
FECA-PT2 Printed: 06/08/2010 587