Printing - FECA-PT2 - National Association of Letter Carriers

2-1601-2 Policy
2. Policy. This paragraph describes the scope of claimants' entitlement to hearings and reviews of the
written record.
a. Right to a Hearing. Where the injury or death occurred on or after July 4, 1966, the
claimant is entitled to a hearing before an Office representative after a final decision and before
reconsideration under Section 5 U.S.C. 8128. For injuries or diseases prior to that date, the
Employees' Compensation Appeals Board has ruled that claimants are not entitled to a hearing as a
matter of right but that the OWCP has the discretionary authority to grant a claimant's request for
a hearing regardless of the date of injury or death (Rudolph Bermann, 26 ECAB 354). A claimant
is also entitled to a pre-recoupment hearing following a preliminary determination that an
overpayment of compensation has occurred. However, the claimant is not entitled to a hearing
under 5 U.S.C. 8124(b) after a final decision concerning an overpayment is issued.
b. Right to a Review of the Written Record. In place of an oral hearing, a claimant is entitled
to a review of the written record (subsequently referred to as "review") by an Office
representative. Such review will not involve oral testimony or attendance by the claimant, but the
claimant may submit any written evidence or argument deemed relevant.
c. Issues for Consideration. The hearing or review will usually be limited to those issues which
were addressed by the district office (DO) in the contested decision. Other issues may be
addressed at the discretion of the Office representative. If a claimant wishes to expand the claim,
he/she should be given the option of holding the expanded claim in abeyance pending issuance of
the hearing/review decision, or postponing the hearing/review pending resolution of the expanded
claim by the DO.
2-1601-3 Applications
3. Applications. This paragraph addresses requests for hearings and reviews. While they should be
directed to H&R, some may be received in the DO. They should be handled as follows:
a. District Office. Requests received in the DO should be handled as priority mail. The request
for hearing or review should be date-stamped, but the DO need not retain the envelope used for
mailing by the claimant. The Claims Examiner (CE) or Supervisory Claims Examiner (SCE) should
review the case to determine whether a final decision has been reached.
(1) If not, the CE or SCE will advise the claimant that a hearing or review can be
requested only if a final decision has been reached and outline the steps needed to obtain
such a decision.
(2) If so, the DO will forward the request for hearing or review, together with the case
file, to H&R. (The request and case file should be sent even if the request was filed more
than 30 days after the final decision or if a reconsideration was undertaken.)
b. Branch of Hearings and Review. Where the request for a hearing or review is sent to H&R,
the envelope will be retained and attached to the request and the case will be requested from the
DO over the automated system. Every effort should be made to send the case within 48 hours of
FECA-PT2 Printed: 06/08/2010 656