Printing - FECA-PT2 - National Association of Letter Carriers

(4) The claimant did contest the amount of $6,237.69 claimed from April 19, 1994 to
November 6, 1995, as excessive and unreasonable. The claimant further states that the
representa- tive did very little to help and that the claimant personally contacted witnesses by
telephone to obtain statements. The fact that the claimant did actively pursue the claim is not
disputed.
The record establishes that the claim, previously denied by formal decision dated August 24, 1991,
was subsequently approved because of the diligent efforts of the claimant's representative. The
representative succeeded in presenting persuasive evidence to support the claim where other
representatives had previously failed. For instance, on September 3, 1994, the attorney submitted a
12-page letter with 38 exhibits and skillfully provided evidence to establish the claimant's right to
compensation retroactive for a period of nine years. The claimant received accrued compensation of
$41,068.22 as a result of this effort.
After examining the case record and the following criteria: usefulness of the representative's services,
the nature and complexity of the claim, the actual time spend on development and presentation of the
claim, the amount of compensation accrued and potential future payments, customary local charges
for similar services, professional qualifications of the representative, and all other pertinent factors in
the record, it is determined that a fee of $6,303.66 is reasonable.
Upon the foregoing Findings of Fact, it is determined that a fee in the amount of $6,303.66, is
reasonably commensurate with the actual necessary work performed in representing the claimant
before this district office. A fee is approved in such amount. The payment of this fee is the
responsibility of the claimant.
Given under my hand
at this day of
Director, OWCP
By:
Senior Claims Examiner
FECA-PT2 Printed: 06/08/2010 590