Sample Notice of Recommended Decision and Claimant Rights

 

NOTICE OF RECOMMENDED DECISION AND CLAIMANT RIGHTS

 

The district office has issued the attached Recommended Decision on your claim under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).  This notice explains how to file objections to the Recommended Decision.  This notice also explains what to do if you agree with the Recommended Decision and want the Final Adjudication Branch (FAB) to issue a Final Decision before the 60-day period to object has ended.  Read the instructions contained in this notice carefully.

 

IF YOU WISH TO OBJECT TO THE RECOMMENDED DECISION:

 

If you disagree with all or part of the Recommended Decision, you MUST file your objections within sixty (60) days from the date of the Recommended Decision by writing to the FAB at:

 

U.S. Department of Labor, DEEOIC

P.O. Box 8306

London, KY 40742-8306

 

If you want an informal oral hearing on your objections, at which time you will be given the opportunity to present both oral testimony and written evidence in support of your claim, you MUST request a hearing when you file your objections.   If you have special needs (e.g., physical handicap, dates unavailable, driving limitations, etc.) relating to the scheduling (time and location) of the hearing, those needs must be identified in your letter to the FAB requesting a hearing.  In the absence of such a special need request, the FAB scheduler will schedule the hearing and you will be notified of the time and place. If you do not include a request for a hearing with your objections, the FAB will consider your objections through a review of the written record, which will also give you the opportunity to present written evidence in support of your claim.  If you fail to file any objections to the Recommended Decision within the 60-day period, the Recommended Decision may be affirmed by the FAB and your right to challenge it will be waived for all purposes.

 

IF YOU AGREE WITH THE RECOMMENDED DECISION:

 

If you agree with the Recommended Decision and wish for it to be affirmed in a Final Decision without change, you may waive your right to object on the accompanying waiver form and forward it to the FAB at the above address.  This action will allow the FAB to issue a Final Decision on your claim before the end of the 60-day period for filing objections.  If you wish to object to only part of the Recommended Decision and waive any objections to the remaining parts of the decision, you may do so.  In that situation, the FAB may issue a Final Decision affirming the parts of the Recommended Decision to which you do not object.

 

BE SURE TO PRINT YOUR NAME, FILE NUMBER AND DATE OF THE RECOMMENDED DECISION ON ANY CORRESPONDENCE SUBMITTED TO THE FAB.

 

Please be advised that the Final Decision on your claim may be posted on the agency’s website if it contains significant findings of fact or conclusions of law that might be of interest to the public.  If it is posted, your Final Decision will not contain your file number, nor will it identify you or your family members by name.