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Printing - FECA-PT2 - National Association of Letter Carriers

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(2) Form <strong>of</strong> Notice. In unadjudicated cases, or where a specific benefit is claimed, the<br />

CE may use a form or narrative letter to notify the claimant <strong>of</strong> the information needed.<br />

Where ongoing benefits are being paid, the CE should prepare a pre-termination or<br />

pre-reduction notice (see paragraphs 6 and 7).<br />

(3) Time Frames. The notice should advise the claimant <strong>of</strong> his or her burden <strong>of</strong> pro<strong>of</strong><br />

and state how much time the claimant has to submit the evidence requested before a<br />

formal decision will be issued.<br />

(4) Parties Advised. The CE should send the notice to the claimant, with a copy to the<br />

employing agency. If an authorized representative is present in the case, the CE should<br />

also send the letter to the representative.<br />

(5) Subsequent Actions. After releasing the letter, the CE should set a reminder for the<br />

number <strong>of</strong> days specified in the letter. The CE should consider fully any new evidence<br />

submitted in response to the request. If disallowance is still indicated, the CE should<br />

prepare a formal decision as outlined in paragraphs 4 and 5. The CE should also prepare a<br />

formal decision if the indicated amount <strong>of</strong> time has elapsed with no response. If an<br />

authorized representative is present in the case, the CE must also send the formal decision<br />

letter to the representative.<br />

c. Contents <strong>of</strong> Disallowance. Each disallowance must contain findings <strong>of</strong> fact sufficient to<br />

identify the benefit being denied and the reason for the disallowance. The disallowance must also<br />

contain a description <strong>of</strong> the claimant's appeal rights. The CE may use letters and decisions with<br />

pre-formatted text but should modify them, and include additional information as needed, in order<br />

to fully explain the findings and rationale for disallowance. See paragraph 5 below concerning<br />

preparation <strong>of</strong> decisions which are not pre-formatted.<br />

d. Signature Authority. Designated CEs at the GS-12 level may deny the following: initial<br />

claims for traumatic injury and occupational disease; most complex disability and death cases;<br />

claims for recurrence; claims for continuation <strong>of</strong> pay; requests for medical treatment, equipment,<br />

or supplies; requests for surgery; claims for schedule awards in hearing loss cases with no ratable<br />

loss; and periods <strong>of</strong> intermittent wage loss where the claimant has not met the burden <strong>of</strong> pro<strong>of</strong> to<br />

establish entitlement to compensation. Designated CEs at the GS-12 level also issue 0% Loss <strong>of</strong><br />

Wage-Earning Capacity (LWEC) decisions and render decisions on disputed attorney fee requests<br />

up to $10,000.<br />

All other disallowances will be prepared for the signature <strong>of</strong> the Senior Claims Examiner (SrCE).<br />

Signature authority parameters are outlined fully in Exhibit 11.<br />

2-1400-3 Additional References<br />

Additional References. This paragraph describes where detailed information about various kinds <strong>of</strong><br />

disallowances may be found. Weighing factual evidence is discussed in <strong>FECA</strong> PM 2-0809, and weighing<br />

medical evidence is discussed in <strong>FECA</strong> PM 2-0810.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 608

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