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
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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
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If you should request a hearing or reconsideration as
indicated above, the 90 days period within which you may
request review by the Appeals Board will run from the
date of any later decision by OWCP. For good cause
shown, the Appeal Board may waive the failure to file
within 90 days if application for their review is made
within one year from the date of the decision that you
are appealing. |
