DEPENDING ON APPEAL FILED, CLAIMANTS MUST EITHER SHOW THE OWCP TIMELY RECEIVED THE APPEAL OR THAT THE APPEAL WAS TIMELY MAILED
According to 20 CFR 10.607, the OWCP changed the rules for filing requests for reconsiderations.
Now a claimant must show that the OWCP "received" the request before the one year deadline. The claimant bears the to show proof of receipt.
However a different rule applies for request for hearing.
According to ECAB, the claimant must only show that he or she sent the request within 30 days of the decision appealed. Whether or not the Board "receives" the appeal is not the problem of the claimant (who needs only to show a postmark mailing) but of the OWCP to show evidence of the date of mailing.
James R. Linehan PC an "AV Preeminent" Highest Rated Attorney by Martindale-Hubbell
James R. Linehan P.C.
- Jim Linehan
- Oklahoma City, Oklahoma, United States
- Specialties: Federal workers' compensation (OWCP) Federal medical disability retirement (OPM) Social Security disability (SSA) Veterans Disability (VA) Accomplished legal professional with more 20 years of experience in preparation of complex cases. Expertly represent individuals on claims and appeals before the United States Department of Labor Office of Workers' Compensation Programs, before the United States Office of Personnel Management and Merit Systems Protection Board, and before the United States Social Security Administration. Outstanding practitioner focused on successfully representing complex claims and federal appeals for social security claimants, federal employees, and veterans nationwide. Invited by United States Congress to appear before the United States Congressional Committee of Government Reform 2000 to present summary testimony of oversight findings and recommendations for the reform of the United States Department of Labor, Office of Workers' Compensation programs. Pioneer in establishment of a “cyber” law practice.
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