Granting A Reconsideration Request
Using a Request for Reconsideration to Appeal the Office of Workers’ Compensation Program’s (OWCP) Decision
As a public service, the Law Offices of McCready, Garcia and Leet provide you with a summary of the regulations, which implement the Federal Employees Compensation Act (FECA). This article discusses one of the appeal types, called a reconsiderations, in detail.
What happens next if the OWCP grants my reconsideration request? (§10.609)
- It will reopen your case and…
o The OWCP will send your employer a copy of your reconsideration request.
o Your agency then has 20 days to respond.
o If your employer doesn’t respond, the OWCP will review your case on the other evidence.
o If your agency does answer, the OWCP will send you their documents.
o You then have 20 days to answer your employer’s response.
- In certain situations, the OWCP doesn’t accept an employer’s response.
o These circumstances include when the dispute only involves a medical issue such as a schedule award or disability.
- In those cases, the claims examiner rules based on the evidence she’s received, without employer input.
- A claims examiner who didn’t take part in your original case will rule on your reconsideration request.
- If you disagree with that decision, you may ask for another reconsideration, or you may appeal to the ECAB.
However, there is a simpler way to get the information you need. The law firm of McCready, Garcia & Leet represents injured federal workers across the United States. An attorney specialist on federal workers’ compensation law can respond to any inquiries you have, so please feel free to contact us at (855) 233-3002.