Printing - FECA-PT2 - National Association of Letter Carriers

2-1601-5 Review of the Written Record
5. Review of the Written Record. This paragraph discusses the steps involved in processing requests
for review of the record.
H&R will furnish the employing agency with a copy of the claimant's request for review of the written
record, together with any pertinent documentation submitted. (Medical evidence is not considered
"pertinent" for review and comment by the agency and will therefore not be furnished to the agency.
OWCP has sole responsibility for evaluating medical evidence.)
The agency will be allowed 20 days to submit any comments and/or documents believed relevant and
material to the issue in question. H&R will furnish any comments or documents submitted by the agency
to the claimant and allow 20 days for review and comment by the claimant. Following a review of the
record and any evidence submitted, the Office representative shall decide the claim and inform the
claimant, the claimant's representative, and the employing agency of the decision.
After requesting a review of the written record, the claimant may decide that he or she would rather have
an oral hearing. Such a request may be granted if the claimant submits a written request within 30 days
after H&R issues its letter to the claimant acknowledging the initial request (Exhibit 1).
2-1601-6 Arranging for Hearings
6. Arranging for Hearings. This paragraph addresses the steps involved in arranging for a hearing
and discusses some of the issues which may arise in obtaining evidence.
a. Scheduling. A written notice specifying the exact date, time and place for the hearing will
be mailed at least 30 days prior to the scheduled hearing. The claimant, the claimant's authorized
representative, and the employing agency will be provided with such written notice (Exhibit 3).
Except in unusual circumstances, hearings will be scheduled within 100 miles of the claimant's
home. When the medical evidence establishes that the claimant will not be able to travel for a
period of six months or more, a hearing may be scheduled at the claimant's home or at a hospital
or extended care facility.
b. Employing Agency Participation. When the hearing is scheduled, the employing agency will
be advised that its representative may attend the proceedings and/or receive a copy of the hearing
transcript. Agency representatives attend primarily as observers and may not participate in the
hearing unless the claimant or the Hearing Representative specifically requests them to do so. A
notice to the employing agency (Exhibit 4) will accompany the agency's copy of the letter to the
claimant scheduling the hearing.
c. Reporting Services. H&R will arrange to record the hearing, and the recording (either
magnetic tape or transcription) shall be made a part of the case record. Audiovisual coverage of
hearings is not permitted, and claimants may not use their own recording equipment.
d. Withdrawal and Postponement of Hearing Requests. The claimant may withdraw the
request for hearing at any time by written notice, or on the record at the hearing. A request for
postponement will not be granted unless the hearing can be rescheduled within the same docket,
or unless either the claimant is non-electively hospitalized, or the death of the claimant's parent,
FECA-PT2 Printed: 06/08/2010 658