EMPLOYEE’S APPEAL RIGHTS

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OWCP includes a description of the available appeal rights with each formal decision. This formal decision will also outline the deficiencies in your claim and provide you with information as to what is needed to have the claim approved. According to the appeal rights provided, the employee may:

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Oral Hearing
Review of the Written Record
Reconsideration
ECAB

Oral Hearing

Request an oral hearing before an OWCP representative. Such a request must be made in writing, within 30 days of the date of the decision, as determined by the postmark of his or her letter. The employee will be given the opportunity to present oral testimony and written evidence in further support of his/her claim. The hearing will be held at a location in the employee's area, and the employee may be represented at the hearing by any person authorized by him or her in writing. This process can take anywhere from 6 months to 1 year before an oral hearing is actually scheduled. Once a hearing has been held, a decision is generally rendered in 90 days.

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Review of the Written Record

Request review of the written record by a hearing representative appointed by the Director of OWCP. This examination must be requested within 30 days of the date of the decision. The employee will not be asked to attend or give oral testimony, but may submit additional written evidence. This process generally takes 90 days for a decision. Requests for oral hearing or review of the written record should be addressed to Branch of Hearings and Review, Office of Workers' Compensation Programs, P.O. Box 37117, Washington, DC 20013-7117. A request for a hearing (written or oral) must be made before any request for reconsideration by the district office. The employee will have the right to request reconsideration or appeal if he or she disagrees with the hearing representative's decision.

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Reconsideration

Request in writing that OWCP reconsider its 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 additional evidence not previously submitted, such as medical reports, or a legal argument not previously made. The request for reconsideration should be sent to the appropriate district office. Once received at the District Office and assigned to a senior claims examiner, a decision is generally made within 90 days. A request for reconsideration will not be considered if it is filed more than one year after the date of the decision which is being disputed.

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ECAB

If the employee believes that all available evidence has been submitted, he or she has the right to appeal to the Employees' Compensation Appeals Board (ECAB) for review of the decision. Review by the ECAB is limited to the evidence of record; no new evidence may be submitted. The request should be made within 90 days of the date of the decision and should be addressed to Employees' Compensation Appeals Board, 300 Reporters' Building, 7th and D Streets, S.W., Washington, DC 20210. The ECAB may waive the time for filing up to one year if good cause is shown for the delay and the application is made within one year from the date of the OWCP decision. Generally this is the most time consuming of appeal rights. It generally takes 1 year for the Board to meet to discuss your claim. If the ECAB fails to overturn the original denial, there is no further appeal right recourse. The ECAB is a separate entity in the U.S. Department of Labor which is authorized to consider and make final determinations on appeals from decisions made by OWCP.

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