WHO DECIDES YOUR CLAIM APPEAL RIGHTS

Read this information carefully. You must specify clearly which procedure you wish to request: hearing (written of oral); reconsideration; or Employee’s Compensation Appeals Board (ECAB) you may not request two forms of appeal at the same time. Be sure to send your request to the right address. The time limits for appeal begin to run on the date of decision. The date of your appeal is determined by the postmark of your appeal letter.

HEARING: If your injury occurred on or after July 4, 1996 and you have not previously requested reconsideration as described below, you may request an oral hearing before a hearing representative. Such request must be in writing and within 30 days after the date of OWCP’s decision. At an oral hearing you will be given the opportunity to present oral testimony and written evidence in further support of your claim. The hearing will be informal and will be held at a location in your area by a hearing representative from Washington, D.C. You may represent yourself or be represented at the hearing by any person authorized by you in writing.

If your injury occurred on or after July 4, 1966, and you have not previously requested reconsideration, instead of an oral hearing you may request an examination of the written record by a hearing representative in Washington, D.C. This examination must be asked to attend or give oral testimony, but you may submit additional written evidence. You will have this review instead of an oral hearing. Any additional written evidence you want to submit should be sent with your request for review of the written record.

To implement your right to a hearing the request for oral hearing or review or the written record must be sent within 30 days to:
 

Branch of Hearings and Review
Office of Worker’s Compensation Programs
P. O. Box 37117
Washington, D.C. 20013-7117

You cannot request a hearing (written or oral) if you have previously requested reconsideration by the OWCP District Office. However, you will have the right to either request reconsideration of the hearing representative’s decision or appeal it to ECAB, if you disagree.

RECONSIDERATION: If you have additional evidence which you believe is pertinent, you may request in writing that OWCP reconsider their decision. Such a request must be made within one year of the date of the decision, clearly state the grounds upon which reconsideration is being requested, and be accompanied by relevant evidence not previously submitted, such as medical reports or affidavits, or a legal argument not previously made. Your request for reconsideration and the new evidence that you are submitting should be sent to the District Office that adjudicated your claim. In order to ensure that you receive an independent evaluation of the evidence, your case will be reconsidered by a claim examiner other than the one who made the original decision.

APPEAL: If you believe that all available evidence has been submitted, you have the right to appeal Within 90 days to:
 

Employees’ Compensation Appeal Board
200 Constitution Ave, N.W., Room N-2609
Washington, D.C. 2021