How to Appeal a Decision in your Federal Workers Compensation Claim

how to appeal a decision in a federal workers compensation claim from mcv law near syracuse ny and watertown ny

You can appeal an Unfavorable decision issued in your Federal Workers Compensation Claim. When the OWCP issues a denial in your claim, they will include information about the four (4) various ways an appeal can be filed. None of these are especially speedy or expeditious, and some options take up to a year for a resolution.

(1)Oral Hearing. If you disagree with the findings made by the examiner at Office of Workers Compensation Programs, you can opt to appeal the decision for review by the Branch of Hearings and Review in Washington, D. C. You only have 30 days from the date of the mailing of the decision to make this request and it is mailed directly to their offices. You can request the hearing be conducted by telephone. A hearing representative will call you, and conduct an oral hearing over the phone, with the minutes of the hearing taken down by a stenographer. After the hearing, the representative will usually allow you to submit additional evidence if needed, and will issue a written decision at a later date. Hearings can take from 8 to 10 months to be scheduled. It usually takes a couple of months after the hearing for a final decision.

(2) Review of the Written Record. You must make this request within thirty days of the mailing of the initial decision. A hearing representative will review the record without oral testimony or attendance at the review.

(3) Reconsideration. You have one year from the date of the mailing of the written decision to request reconsideration. A Reconsideration needs to include either new evidence or a new legal theory as to why reconsideration is warranted.

(4) Appeal to Employees Compensation Appeals Board. You have 180 calendar days from the date of the decision to mail an application for review to the Employees Compensation Appeal Board in Washington, D.C. You can choose either an in person oral argument to be held in Washington, or file a written argument. No new evidence can be submitted with this type of appeal.

Which option should you choose? It depends on the evidence in your claim, the legal arguments that support your claim, and the time that has elapsed from the date of the initial decision. As the medical evidence and legal arguments are usually quite involved, it may be in your best interest to consult a representative who handles these type of cases to help you in filing your appeal. MCV Law has experience in evaluating claims and filing the various appeals.

If you receive a denial in your Federal Workers Compensation case and need help, please contact us.

Workers Compensation