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OWCP Federal Workers’ Compensation Appeals

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Has the OWCP denied your claim?

Just because you’ve been denied doesn’t mean your claim is done… You have options, let us help you get the benefits you need.

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The OWCP Federal Workers’ Compensation

Appeals Process

If your claim was denied you should receive notice of your rights and options to appeal by the OWCP. Don’t wait this decision is time-sensitive.

OPTION 1

Review of Written Record

Deadline 30 days

Simply a review of the current record by the Branch of Hearings & Review. New evidence can be submitted, but is not required.

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OPTION 2

Oral Hearing

Deadline 30 days

A review of the claim by a hearing representative, including claimant testimony either in-person or virtual. New evidence may be submitted.

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OPTION 3

Reconsideration

Deadline 1 year

Can be requested as many times as needed, however new evidence must be submitted each time. This is typically, the fastest option.

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OPTION 4

Appeal to ECAB

Deadline 90 days

An appointed board that reviews the final stage of claims appeals. No new evidence can be submitted at this stage.

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Note: You can appeal in any order, however you cannot receive an oral hearing once your claim has been reconsidered. Additionally, there is no limit on the number of reconsiderations. Deadlines are based on the date of OWCP’s previous decision.

Option 1

Review of Written Record

Deadline: 30 days from previous decision
This is simply a review of the current record for the claim by a hearing representative. Essentially you are asking for another person to review the claim because you believe the original claims examiner made a mistake based on the evidence submitted. This is typically the least effective form of appeal as there is no testimony from the claimant.

Though new evidence is not necessary, you are allowed to submit any written evidence or argument deemed relevant.

Option 2

Oral Hearing

Deadline: 30 days from previous decision
If you believe your denial was the incorrect decision, you can submit a request for an oral hearing within 30 days of the previous decision.

This can often be a good route to take as your claim will be reviewed by a new hearing officer. Additionally, you can submit your testimony, alongside new evidence and legal arguments. These hearings can take nearly 12 months to fully process.

Note: You are only allowed one hearing and a hearing may not occur after a reconsideration.

Option 3

Reconsideration

Deadline: 1 year from previous decision
If you have new medical evidence or legal arguments that have not been reviewed by the OWCP, then this is a great option.

In this situation your are assigned a new, senior level claims examiner who reviews your claim in light of new evidence and legal arguments.

We typically find that this type of appeal moves the fastest and we have seen many successful outcomes.

Note: You can request as many reconsiderations as you would like as long as you provide new evidence or legal arguments.

Option 4

Employees’ Compensation Appeals Board

Deadline: 90 days from previous decision
ECAB is an appointed board outside of the OWCP, formed to maintain the legal rights of federal employees in the appeals process.

If you feel the OWCP made a mistake in denying you, however you do not have new evidence or legal arguments then this path for you. ECAB will only review cases with no new evidence.

Additionally, due to appointment delays, there is currently a backlog of appeals at the ECAB.

Don’t go into the appeals process alone.

Schedule a FREE consultation today to see how we can help.

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Federal Employee Resources

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Hear our Success Stories

I contacted Harris Federal Law Firm a year ago when I received a non-approval disability reconsideration letter back from OPM. Starting from day one Harris Federal Law Firm made me feel like they had everything under control with reapplying for approval. Once Harris gathered all the info they needed from me, their great staff went to work and submitted an outstanding reconsideration package on my behalf. One year later I received my letter from OPM saying I was approved for disability retirement. All thanks go out to Harris Federal Law Firm and the great staff that handle my stressful needs.”
B.H.

Federal Law Enforcement Officer, Stafford, VA

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