Communicating with OWCP
Injured workers and/or their branch representatives often must communicate with the Office of Workers’ Compensation Programs (OWCP). This may be necessary during the initial adjudication of a claim, as well as when later issues arise. The injured worker may be asked by OWCP to respond in writing to specific questions, or the worker may need to bring some fact to the attention of OWCP, or seek advice from the Claims Examiner. Whenever a claimant or representative writes to OWCP, certain basic practices should be followed:
First, always place the OWCP file number (if known) in the upper right-hand corner of every page of the correspondence. If documents are included with the letter, place the claim number on each page of them as well. If the injured worker has multiple claims, but the correspondence concerns only one of them, be sure to specify the appropriate claim number to the issue being addressed. If the issue concerns multiple claims, place each claim number on every page. The attending physician should be requested to follow the same practice. Moreover, the injured worker should request copies from the physician of everything that he/she sends to OWCP. The copies should be carefully checked to ensure the appropriate claim number or numbers are clearly indicated. Placing the correct claim number on every page of correspondence makes it easier for OWCP to route the communication to the correct compensation file, which makes it more likely that the worker will get the intended result.
Second, make correspondence concise, professional and polite. OWCP Claims Examiners have heavy workloads and goals for issuing decisions within certain timeframes. When correspondence is clear and concise, a Claims Examiner is more likely to make a timely, affirmative decision. Conversely, if correspondence is rambling and unclear, decisions will more likely be delayed and denied. Correspondence should also be polite. Injured workers gain nothing by venting their frustration with the OWCP process in correspondence. The vast majority of Claims Examiners are committed to fairness to injured workers. They simply apply the known facts of a case to the regulations and procedures established by OWCP.
Third, limit each correspondence to a single subject. OWCP personnel are sometimes assigned to handle specific types of issues. When correspondence addresses multiple issues, it might be routed to an employee who handles one of the issues and then filed as resolved, without the other issues being addressed. For example, OWCP might write to an employee requesting information about a claimed recurrence of disability. At the same time, the employee might have an issue regarding non-payment of travel reimbursement. It would be better for the employee to write one letter responding to OWCP’s questions and a second letter requesting assistance with the reimbursement.
Fourth, make copies prior to sending anything to OWCP and keep them readily available. Documents are sometimes lost in the mail or misplaced by OWCP. Keeping copies offers protection against those eventualities. Uploading documents thru ECOMP at https://www.ecomp.dol.gov is the fastest way to get info to OWCP!
Fifth, follow up at reasonable intervals, but do not bombard OWCP with repeated frequent letters. Generally, give OWCP 30 days to respond to a request. If no response is received within 30 days, send a second letter referencing the previous letter. If no response is received to a second letter, contact the NBA for assistance in obtaining a response. The quality of written correspondence, not quantity, will determine whether a claim is accepted or an issue favorably resolved.
Sixth, when responding to a request for information from OWCP, carefully comply with the time limits set by OWCP, and also carefully respond to each question posed. OWCP typically places a 30-day limit for a response to a request for information. Whatever period is given, the beginning is the date on OWCP’s letter, not the date received by the employee. The ending is the date OWCP receives the response, not the date the employee authors or mails the response. Responses to OWCP requests for information must be complete. When OWCP requests answers to multiple questions, to ensure completeness, repeat the questions. Type out the entire first question (indented and italicized), then type the response, followed by the second question, then the second response, and so on until all questions are addressed. A failure to respond to a request from OWCP, completely and within the stated time limits, can have adverse results, including denial of a claim. Injured workers and representatives should follow the above guidelines whenever written communication is sent to OWCP. Doing so will increase the chances of favorable resolution of issues.
Remember, if you receive a Development letter, contact me immediately so we can review your claim to help get it approved! Call 631 789-1616. Failure to do so could result in your claim being denied.
