Printing - FECA-PT2 - National Association of Letter Carriers

2-1601-9 Cases Returned from H&R
9. Cases Returned from H&R. Any case requiring further action should be assigned to a CE to take
the required action.
a. Timeliness of Action. Substantive action should be taken within 15 days of return of the
case file.
b. Reinstatement of Benefits. If the hearing decision concludes that the Office did not meet its
burden of proof before reducing or terminating benefits, the following actions will be taken:
(1) The Hearing Representative will release a letter to the claimant or representative
enclosing Form CA-7 (or, in the case of death benefits, Form CA-12) and request completion
of the form.
(2) Upon receipt of the completed form, the district office should promptly reinstate
benefits to the claimant at the previous level, including retroactive payment to the date of
reduction or termination.
(3) If the completed form shows earnings, employment, or receipt of an annuity, the CE
should obtain an election or additional information including a CA 1032 as necessary.
(4) The Form CA-7 is intended to cover the entire period during which benefits were
terminated or reduced. Only one Form CA-7 need be completed. In general, further
payments should be made on the periodic roll.
c. Review of the Remand Decision. If the District Office, upon careful review, believes the
remand decision issued by the Branch of Hearings and Review contains a serious error of fact or
law, the District Director should contact the Hearings and Review Branch Chief (or Assistant Branch
Chief) within 15 days of receipt of the decision outlining the basis for the disagreement. This
review process, rarely employed, should be reserved for cases where there is a material factual
error or a misinterpretation of the statute, regulations or procedures that is critical to the decision.
If, upon review of the decision, the Hearings and Review Branch Chief determines that the decision
issued was in error, the decision may be vacated through 5 U.S.C. 8128, which provides for review
of a decision allowing or denying compensation “at any time.” If upon review of the decision the
Hearings and Review Branch Chief determines that the decision issued was appropriate, no action
will be taken. This process does not apply to Employing Agencies.
This process also does not apply to claimants or their authorized representatives, since appeal
rights are issued with every decision of the Branch of Hearings and Review.
2-1601 Exhibit 1: Sample Letter Acknowledging Request for Hearing
Dear CLAIMANT NAME:
I am writing concerning the above captioned compensation case and the request for a
FECA-PT2 Printed: 06/08/2010 663