Frequently Asked Questions (FAQs)

Attorney's Fees

How much does it cost to hire Mr. McNulty?

For a federal workers' compensation case, the amount of the attorney's fee depends on the number of hours Mr. McNulty works on a case, but, for the work covered in the agreement, there will be a cap on the amount of the fee. The cap is determined by what response or appeal is required for the case. A client does not owe a fee until he and Mr. McNulty agree to legal representation in writing.

Does he accept payments on the fee?

Yes, a client can make monthly payments, as detailed in the fee agreement.

Will Mr. McNulty accept my case on a contingent fee basis?

No. Federal Regulations do not allow contingent fees in OWCP cases. Instead, a federal compensation attorney is paid only for the hours he works on a case and must ask the client to pay for the legal services and must request approval of the fee amount from OWCP. 20 CFR § 10.703.

Will OWCP pay Mr. McNulty if I win my case?

No, unfortunately. Pursuant to federal regulations the client pays the attorney's fee and OWCP will not reimburse the client for the fee or case costs. 20 CFR § 10.702.

General OWCP Concerns

I have thirty days to respond to a notice from OWCP. Will the claims examiner grant me an extension of time if I need it?

Maybe, if you need to respond to a development letter asking you or your doctor to submit information. Try to meet the 30-day time limit, but if you can't, call your claims examiner and follow up with a written note. However, OWCP never gives extensions of time when the claims examiner has issued a notice of proposed termination or reduction. The claimant must respond within 30 days.

How do I count days from the date of an OWCP decision to determine the deadline for appealing?

Count the date of any decision or notice from OWCP as day one. For example, for a decision dated October 4, 2009, a claimant would need to postmark a request for hearing by November 2, 2009 or postmark a request for reconsideration by October 3, 2010. An appeal to ECAB must reach the Board by the 180th day.

What is the best appeal option? Hearing? ECAB? Or Reconsideration?

The facts and posture of the claim determine the proper way to appeal. An attorney's review of the claim and his analysis will help with that determination. Hearings are often a good approach because the claimant can testify in addition to making argument and submitting additional evidence.

How soon is a hearing scheduled?

My experience is that the Branch of Hearings and Review (BHR) sets a hearing date for within three to five months of the hearing request. An in-person hearing usually takes longer because BHR waits for enough hearing requests to warrant a hearing site. The hearing representative issues a decision about 90 days later. During that time, both the claimant and the employer have the opportunity to review and comment on the hearing transcript.

Will the employer participate in the hearing?

A representative of the employer may not talk during a hearing but may be present or on the telephone listening. The hearing representative will say if the employer is there.

Can I receive compensation if my pre-existing condition is aggravated by work?

Yes, with supporting medical documentation.

Can OWCP force me to go to their doctor for an evaluation or to undergo vocational rehabilitation?

Yes, keeping appointments with OWCP consultative doctors and cooperating with vocational specialists are requirements of receiving compensation. The claims examiner may suspend your compensation if she hears you're resisting requirements. If you have to travel some distance to an appointment, OWCP may pay for a plane ticket.

Can I really be indefinitely disqualified for refusing a job offer from my federal employer?

Yes, a job offer is a serious matter, and disqualification for refusing suitable work is not easily undone. There are a number of steps before the disqualification, but the best time to seek legal advice is when you first receive the job offer, especially if the job exceeds your doctor's physical restrictions.

Does OWCP settle compensation cases and pay out a lump sum?

No, instead a worker is eligible for monthly wage-loss compensation if disabled from employment. However, if the worker has a permanent impairment to an extremity of the body or to certain organs and has reached maximum improvement, the worker could be eligible for a schedule award in the nature of damages. A physician of the claimant's choosing rates the degree of the permanent impairment. OWCP reviews the rating and, based on the claimant's wage, awards compensation for the impairment.

How do I apply for a schedule award?

Submit a form CA-7 and mark Schedule Award. OWCP will send you a letter to take to your doctor and will pay for the doctor's report.

When is the best time to file a claim for a schedule award?

After a worker has returned to work or is on disability retirement. A worker can't receive wage loss compensation and a schedule award at the same time for the same injury.

Will my wife or husband continue to receive my compensation if I die?

A surviving spouse will only receive your wage-loss if you die from the work-related medical condition(s).

Can I plan on staying on federal workers' compensation indefinitely?

You could possibly stay on compensation, but you can't plan on it. OWCP does not see workers' compensation as a retirement program and constantly reviews claim files for possibly ending a claimant's compensation. I have had clients in their seventies receive notices of proposed termination after decades on compensation. I always suggest my clients apply for disability retirement, so that income will be available if compensation ends. There is a one-year time limit from the date of removal from federal employment to apply for disability retirement.