Notices and decisions set out time limits in which to respond or appeal.
Federal workers’ compensation claims administered by the district offices of the Office of Workers’ Compensation Programs (OWCP), Department of Labor.
Federal employees who qualify for federal disability retirement administered by the Office of Personnel Management (OPM).
McCready, Garcia & Leet have been involved in hundreds of oral hearings, both in-person and teleconference. OWCP and OPM hearings by telephone have become common and work well. On their client’s behalf, McCready, Garcia & Leet present legal argument and cite relevant law. We submit evidence, such as medical reports, and ask the client questions to shape testimony for the record. McCready, Garcia & Leet call into the hearing prepared. Our clients call into the hearing knowing what to expect.
If a hearing is not possible or advisable, McCready, Garcia & Leet request reconsideration of an adverse decision with written argument. A reconsideration request must include legal argument and/or evidence not previously considered by the district office. That evidence is usually a report from the claimant’s physician or a specialist, and McCready, Garcia & Leet obtaining a medial report with the required elements is an important step in a case.
Another appeal option is asking the Employees’ Compensation Appeals Board (ECAB) to review an unfavorable OWCP decision. To argue a case in review before ECAB, McCready, Garcia & Leet write a brief, which sets out the facts of the case, an argument, and pertinent controlling case law.
For example, there is a one-year deadline from the date of removal from federal employment to apply for disability retirement. Missing the deadline may result in disqualification for disability retirement. The are many different deadlines for federal workers’ compensation claims with OWCP.