Printing - FECA-PT2 - National Association of Letter Carriers

2-1400-7 How to Issue Pre-Termination and Pre-Reduction Notices
How to Issue Pre-Termination and Pre-Reduction Notices.
This paragraph discusses the contents of such notices, their review and release, and the status of
payments to the claimant while a termination or reduction of benefits is pending. Such notices do not by
themselves constitute decisions to terminate or reduce compensation.
a. Contents of Notice. The notice outlines the basis for the planned action, and it should be
accompanied by a copy of the evidence which the OWCP is using to make its determination.
Where periodic compensation payments are to be terminated or reduced, the CE will prepare the
following:
(1) Notice of Proposed Decision. This document discusses the proposed action and the
reasons for it, including a detailed discussion of the weight of the medical evidence, if
appropriate. It also recommends termination or reduction of benefits.
Where the CE recommends reduction of compensation based on a constructed
wage-earning capacity, the notice should contain the title, description, and requirements of
the selected position, and the computation of the proposed reduction of compensation (a
copy of Form CA-816).
Sample notices of proposed decisions are shown as Exhibit 1 (termination) and Exhibit 3
(reduction).
(2) Letter to Claimant. This letter, which is prepared for the signature of the SrCE,
serves to:
(a) Notify the claimant of the proposed action;
(b) Advise the basis for that action by furnishing a copy of the notice of proposed
decision and a copy of the evidence on which the determination is based; and
(c) Give the claimant the opportunity to submit evidence or argument relevant to
the proposed action within 30 days from the date of the letter.
Where termination of compensation is proposed, the letter should also advise the claimant
to contact the Office of Personnel Management (or the servicing personnel office, for USPS
employees) concerning restoration rights. Sample letters are shown as Exhibit 2
(termination) and Exhibit 4 (reduction).
b. Review and Release of Proposed Decision. The CE should refer the case file, with the notice
of proposed decision and a copy of the evidence on which the determination is based (e.g., the
medical report which represents the weight of the medical evidence) to the SrCE for review. The
SrCE will review the notice of proposed decision and the attachments. The SrCE may not delegate
responsibility for reviewing and signing notices of proposed action.
(1) Agreement with Recommendation. If the SrCE agrees, he or she will so indicate on
the notice and release the letter advising the claimant of the proposed termination or
FECA-PT2 Printed: 06/08/2010 619