Printing - FECA-PT2 - National Association of Letter Carriers

2-1602-2 Policy
2. Policy. The following policy considerations pertain to all requests for reconsideration:
a. Requirements. A claimant may apply for reconsideration of a final decision regardless of
the date of injury or death. While no special form is required, the request must be in writing,
identify the decision and the specific issue(s) for which reconsideration is being requested, and be
accompanied by relevant new evidence or argument not considered previously. The request must
be made within one year of the date of the contested decision if that date was after June 1, 1987
(see paragraph 3b below).
b. Assignment and Signature Level. Each request for reconsideration must be handled by a
Senior Claims Examiner (SrCE) who was not involved in making the contested decision (with one
exception, described in paragraph 5a below). All reconsideration decisions, whether affirmative or
negative, must bear the signature of the SrCE or higher authority.
c. Timeliness. The goal for issuing reconsideration decisions is 90 days from receipt of the
request. To meet this goal, a final decision must be issued. In a case requiring further
development it is not sufficient simply to vacate the previous decision and return the case to the
responsible CE for further action.
2-1602-3 Preliminary Processing
3. Preliminary Processing.
a. Review of Request. The CE should determine whether a final decision has been released on
the issue for which reconsideration is requested. If not, the CE should advise the claimant by letter
that the case is not in posture for reconsideration. If the contested decision or issue cannot be
reasonably determined from the claimant's request, the CE should return a copy of the application
to the claimant for clarification and informing the claimant that OWCP will take no further action on
the request unless clarification is submitted. This action is not a denial of application and should
not be reported as a reconsideration decision.)
b. Time Limitations.
(1) Decisions . The OWCP's regulations establish a one-year time limit for requesting
reconsideration (20 CFR 10.607(a)). The one-year period begins on the date of the original
decision. However, a right to reconsideration within one year accompanies any
subsequent merit decision on the issues. This includes any hearing or review of
the written record decision, any denial of modification following a reconsideration,
any merit decision by the Employees' Compensation Appeals Board (ECAB), and
any merit decision following action by the ECAB, but does not include pre-recoupment
hearing decisions.
The CE should review the file to determine whether the application for reconsideration was
filed within one year of a merit decision. At 20 CFR 10.607(a) it states that if a request for
reconsideration is submitted by mail, the application will be deemed timely if postmarked by
the U.S. Postal Service within the time period allowed. An imaged copy of the envelope that
the enclosed the reconsideration request should be in the case record. If there is no such
FECA-PT2 Printed: 06/08/2010 675