Printing - FECA-PT2 - National Association of Letter Carriers

eduction.
(2) Disagreement with Recommendation. If the SrCE disagrees, he or she will return the
case to the CE with instructions for further action.
c. Status of Payments. Compensation and medical benefits should not be terminated or
reduced during the 30-day period. Payment should continue until any evidence submitted by the
claimant has been reviewed and a formal decision has been issued.
2-1400-8 Responses to Pre-Termination and Pre-Reduction Notices
Responses to Pre-Termination and Pre-Reduction Notices. This paragraph discusses the claimant's
response to a notice of proposed termination or reduction. Submission of additional evidence or
arguments does not constitute a request for reconsideration under 5 U.S.C. 8128, nor does it affect
the exercise of the claimant's appeal rights once the final decision is issued. The CE should take
the following actions based on the claimant's response:
a. No Reply. If the claimant does not respond within 30 days, the CE should prepare the
notice of decision.
b. Interim Reply. A claimant may state that he or she intends to submit additional evidence
but cannot do so within the 30-day period. The CE should advise the claimant that the OWCP will
issue a decision at the end of the 30-day period and that the claimant may submit the evidence
later, in support of a request for reconsideration of the final decision. If the evidence reaches the
file before the decision is released, either within or beyond the 30-day period, the CE must
consider and act upon it accordingly.
c. Additional Evidence. If the claimant submits additional evidence or argument, the CE must
evaluate it and undertake additional development where indicated.
(1) Repetitious, Cumulative, or Irrelevant Evidence. Such evidence does not require
further development. The CE should prepare a notice of decision which finds that the submission is
repetitious, cumulative, or irrelevant and recommends termination or reduction. Exhibit 5 shows a
sample decision.
(2) Insufficient Evidence. If the evidence submitted does not overcome the evidence of
record and does not result in the need for further development, the CE should prepare a notice of
decision recommending termination or reduction of benefits. Exhibit 6 shows a sample decision.
(3) Sufficient Evidence. If the evidence submitted overcomes the evidence on which the
proposed action was based, the CE should prepare a letter to the claimant for the CE's signature
advising that benefits will continue. Exhibit 7 shows a sample letter.
d. Further Medical Development. If the evidence submitted requires the CE to develop the
medical evidence further (e.g., it creates a conflict of medical opinion which must be resolved by
referral to an impartial medical specialist), the CE should act promptly to resolve the issue.
(1) Letter to Claimant. This letter should advise that:
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