Did OWCP Ask for Evidence—or Issue a Formal Decision?
This distinction matters. A development letter generally gives the claimant an opportunity to supply missing factual or medical evidence before adjudication. A formal decision states the action OWCP is taking, explains the reasons, and provides administrative appeal rights.
Three Main Administrative Review Paths
The best procedural choice depends on the decision, timing, existing record, and whether additional evidence or argument is needed. The decision's appeal-rights notice controls the available options and deadlines.
Oral Hearing
A claimant may request an oral hearing after a final decision and before reconsideration on the same issue. New evidence may be submitted.
- Opportunity for oral testimony.
- Handled by OWCP's Branch of Hearings and Review.
- Generally limited to issues addressed in the contested decision.
Review of the Written Record
Instead of appearing for an oral hearing, the claimant may ask a hearing representative to decide the matter from the written record.
- No oral testimony or attendance.
- Written evidence and argument may be submitted.
- Useful when the issue can be presented fully on paper.
Reconsideration
Reconsideration asks OWCP to review the merits again. A timely request must satisfy the regulatory requirements for new evidence or legal argument.
- Can be particularly important when new medical evidence exists.
- There is no fixed limit on the number of reconsideration requests, but each request must satisfy applicable requirements.
- Request must be received by OWCP within the applicable time limit for a timely reconsideration.
Do You Need OWCP to Consider New Evidence?
The Record Needs More
If the denial identifies a medical or factual deficiency and you now have relevant evidence that addresses it, a review path that can consider new evidence may matter.
- Hearing / written-record review can accept additional evidence.
- Reconsideration is specifically structured around qualifying new evidence or legal argument.
- The new evidence should address the actual reason OWCP denied the claim or benefit.
ECAB Reviews the Existing Record
ECAB is an independent appellate body within the Department of Labor. Its review is limited to the evidence that was in the OWCP record when the appealed final decision was issued.
- ECAB cannot consider new evidence.
- It reviews questions of fact, law, and exercise of discretion within its jurisdiction.
- If new evidence is what the case needs, ECAB cannot add it to the record on appeal.
ECAB Is Separate From OWCP
ECAB has appellate jurisdiction over final OWCP decisions under FECA. Current ECAB rules require an appeal to be filed within 180 days following the date of OWCP's final decision. The Board reviews the record that existed when OWCP issued that decision and does not receive new evidence.
Appeal the Issue OWCP Actually Decided
A useful first step is to identify the precise element OWCP found deficient. The evidence or argument should then be directed at that issue rather than simply resubmitting the same record.
Factual Deficiency
The decision may find that the claimed work event, exposure, or other factual element was not sufficiently established.
OCCUPATIONAL DISEASE EVIDENCEMedical Deficiency
The decision may accept that work events occurred but find the medical evidence insufficient on diagnosis, causation, disability, or another medical issue.
MEDICAL EVIDENCE CENTERBenefit / Procedural Issue
The dispute may involve wage loss, recurrence, work capacity, Schedule Award, overpayment, or another benefit-specific issue with its own rules.
RESOURCE CENTER