OWCP Oral Hearing Tips for Case Related Denials: Episode 48 Federal Workers Compensation Coffee Break Podcast

Federal Workers Compensation Coffee Break Podcast is an educational and informative training on how to navigate the DOL -OWCP claims filing process for all types of injured US government and federal workers. The podcast is free and is educational. If you need help with anything related to a federal workers compensation claim...help is just a cup of coffee away.

You can file an oral hearing in ECOMP by uploading a written request to your claims examiner into ECOMP. The Claims examiner has thirty days to respond by DFEC procedure manual rule. 

One of these Oral Hearing appeal options is the employee’s right to request and receive an Oral Hearing or Review of the Written Record. The Oral Hearing is a non-adversarial hearing with the employee, (and/or your designated  employee’s representative (which can be your treating doctor, attorney or designated representative ie. Union rep etc, along with the hearing examiner and a professional transcriber present. The Oral Hearing gives the employee the opportunity to present additional facts and evidence for the examiner’s consideration and allows the claimant to further present his/her case before any final decision by the examiner and OWCP can be rendered. This is a powerful tool that you can use to assist in appeals when there is a breakdown in communication with your claims examiner on matters where delays are based on non sensical errors or miscommunications.
More information is found in the show's transcript!

Dr. Taylor’s contact information is: https://fedcompconsultants@protonmail.com If you need a provider or assistance with a DOL claim in Tampa, Pensacola Florida  or Oklahoma City you can make an appointment to see him and the other providers at the clinic at  M & R Medical & Therapy Center or FWC Medical Centers. To make a consult with Dr. Taylor  to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-877-6900 or go  to our website at https://mrtherapycenter.com/or https://fedcompconsultants.com/
Also you can find Fed Comp Coffee Break Podcast on Youtube, Spotify and Apple Podcast.  Be sure and subscribe, like, and/or share a comment or review if you find this podcast information to be beneficial. 

Transcript

I want to talk about Oral Hearings and how to use them successfully as a form of appeal. When a federal employee who has been injured on the job and subsequently filed an OWCP Workers’ Compensation claim receives a determination by OWCP of denial or termination of the worker’s claim, it does not mean that is the permanent end of the worker’s claim. Fortuantely, under OWCP the employee still has some appeal rights and options he/she may pursue to get the claim reinstated and properly mediated. Also understand that you can make a written request for an ORAL HEARING in ECOMP without an attorney or representative. You can file an oral hearing in ECOMP by uploading a written request to your claims examiner into ECOMP. The Claims examiner has thirty days to respond by DFEC procedure manual rule. 

One of these Oral Hearing appeal options is the employee’s right to request and receive an Oral Hearing or Review of the Written Record. The Oral Hearing is a non-adversarial hearing with the employee, (and/or your designated  employee’s representative (which can be your treating doctor, attorney or designated representative ie. Union rep etc, along with the hearing examiner and a professional transcriber present. The Oral Hearing gives the employee the opportunity to present additional facts and evidence for the examiner’s consideration and allows the claimant to further present his/her case before any final decision by the examiner and OWCP can be rendered. This is a powerful tool that you can use to assist in appeals when there is a breakdown in communication with your claims examiner on matters where delays are based on non sensical errors or miscommunications. 

First understand there are a few available avenues of appeal that may be requested in any appeal, but understand there are exceptions to requesting an oral hearings. An oral hearing or review of the written record may not be held if the claimant has previously submitted a reconsideration request on the same decision. A request for an oral hearing or review of the written record must be submitted in writing within 30 days (as determined by postmark) of the date of the decision for which the hearing is sought, to the address specified in the decision. The date of the decision counts as Day 1. While no special form is required to request an oral hearing or review of the written record, the claimant should provide the date of the decision he or she is appealing and the issue to be addressed by the hearing representative. Claimants pursuing this avenue of appeal have the option of electing either an oral hearing before a hearing representative or a review of the case file by the hearing representative. Oral hearings are scheduled not more than 100 miles from a claimant’s home except in unusual circumstances. But most Oral hearings now are completed by phone conference. OWCP’s regulations permit an oral hearing to be conducted by telephone or videoconference at the discretion of the hearing representative assigned to the case. A written notice specifying the date, time and place for the hearing will be mailed, at least 30 days prior to the scheduled hearing, to the claimant, his or her representative and the employing agency. A representative of the employing agency may attend the hearing as an observer but may not otherwise participate unless requested to do so by the claimant. The hearing is an informal non-adversarial proceeding that is not governed by formal legal rules of evidence or procedures: “the hearing representative may conduct the hearing in such manner as to best ascertain the rights of the claimant.”1 The hearing will be recorded, transcribed and made part of the case record. All testimony is taken under oath. A claimant may be represented by any responsible individual at an OWCP hearing: a friend, an attorney, an NALC branch officer, or a shop steward. Only one representative is permitted. The representative should be knowledgeable about the FECA, fully familiar with the claim, and have prior experience with FECA hearings. OWCP will furnish a copy of the transcript to the claimant or his or her representative and to the employing agency. Both the claimant and the employing agency have 20 days from the date the transcript is sent to send in comments. Any comments that the employing agency sends to OWCP it must also send to the claimant, who will be given an additional 20 days from the date they are sent to respond to the comments. OWCP’s regulations also provide that the hearing will remain open for the submission of additional evidence until 30 days after the hearing is held, unless the hearing representative, at his or her discretion, grants an extension. A copy of the decision will be mailed to the claimant, his or her representative and the employing agency. If the claimant chooses review of the written record in lieu of an oral hearing, the hearing representative will review the case record and any additional evidence submitted by the claimant and the employing agency. New evidence and arguments may be submitted at any time up to the date specified by the hearing representative. The hearing representative also may conduct any investigation he or she deems necessary to address the issue being appealed. In a manner similar to oral hearings, in reviews of the written record the hearing representative will send a copy of all pertinent material to the employing agency, which will have 20 days from the date it is sent to comment. Any comments that the employing agency sends to OWCP it must also send to the claimant, who will be given an additional 20 days from the date they are sent to respond to the comments                                                                    

 OWCP Oral Hearings By Telephone

Due to recent changes in OWCP policies and procedures, Oral Hearings may now be held via telephone, allowing the employee, the employee’s representative, and the other parties to conduct the hearing via conference call. This saves the employee and his/her representative the considerable expense of physical travel to the hearing location without having to sacrifice the benefits of having representation present during the Oral Hearing. Federal Workers Compensation Consultants are happy to offer experienced, professional, nationwide representation of clients for Oral Hearings via telephone.

Lastly to request an oral hearing in writing to ECOMP you need to upload a request that includes the following:

A header with the following:

US DEPARTMENT OF LABOR

OFFICE OF WORKERS= COMP PROGRAMS

PO BOX 8300

LONDON, KY 40742-8300

The date : ie January 30, 2024                            

Employee:                 Your Full name 

OWCP:                       CASE #

Date of Injury:               10/18/2021

TITLE: Request for an oral hearing

Please be advised,

This is a formal request for an oral hearing to appeal the following claims examiner denial ….

If you need anything else, please feel free to contact me at your phone number . 

Furthermore, per the OWCP Procedure Manual, all written correspondence is to be addressed within 30 days.  

Best regards,   YOUR FULL NAME

Well that does it for this episode of Federal Workers Comp Coffee break  Podcast. 

I want to thank you for listening and want to remind you to share this podcast with other federal workers you think would benefit from this information. Also if you need an approved  medical provider for your DOL -OWCP Or Longshore case in Florida you can find me in Tampa  and Pensacola. To make a consult with me to discuss your case or if you know someone if Florida who is recently injured you can call the clinic at 813-877-6900 or go  to our website at https://fedcompconsultants.com/    & https://mrtherapycenter.com/  Also if you are in another state and you want me to assist you with claim questions or assistance for your doctor you can email me at fedcompconsultants@protonmail.com or fedcompconsultants.com

I need to warm up this coffee and get going. As usual I want to thank all of you who put on that uniform, that badge, deliver that mail, take care of our veterans and make this government run… a big thank you. I do this for free just for you…We could not do this without all of the work all of you out there do…so a big thank you. And remember if you have an injured federal claim and you need assistance….I am  here to help!.

See you next time.

Off to get my coffee!