Navigate the federal workers' compensation appeal process with confidence.
This tool will guide you through your options and help you prepare strong appeal documentation.
Understanding Your Appeal Options
There are three main ways to appeal a denied federal workers' compensation claim. Once you have reviewed this and the success rates for each, go to the Appeal Strategy Selector and get a personal recommendation.
Reconsideration
A written request asking OWCP to review your case again with new evidence. It must be requested within one year of your decision date. This is often the fastest and simplest option.
Timeline for new decision: up to 180 days from request date
Hearing
An oral presentation of your case before an OWCP hearing representative, either in person or by teleconference. It must be received within 30 days of your decision date
Timeline to new decision: varies from 45 days up to 90 days from request date
ECAB Appeal
An appeal to the Employees' Compensation Appeals Board, which is independent of OWCP. No new evidence can be submitted at this stage. The request must be submitted withiin 180 days of your decision date
Timeline to new decision: Varies on issues and dockets. It can be up to nine months to a year
Success Rates & Strategic Considerations
Reconsideration
35-40%
success rate
Best when you have new medical evidence
Fastest resolution timeframe
Not ideal for procedural errors
Hearing
45-50%
success rate
Opportunity to explain your case
Can submit new evidence
Longer wait for decision
ECAB Appeal
15-20%
success rate
Best for procedural/legal issues
Independent review board
No new evidence considered
Appeal Strategy Selector
Answer a few questions to get personalized guidance on which appeal option may be best for your situation.
Your Recommended Appeal Path
Reconsideration Request Guide
How to prepare and submit an effective reconsideration request
What is a Reconsideration Request?
A reconsideration request is a written appeal asking OWCP to review your case again based on new evidence or arguments. This is often the quickest and simplest appeal option.
Timeline and Deadlines
You must request reconsideration within 1 year of the date of the decision you're appealing.
For the best chances of success, submit your request as soon as you have gathered all necessary supporting evidence.
Required Components
Letter requesting reconsideration - Must clearly state you are requesting reconsideration of a specific decision
New and relevant evidence - Medical reports, witness statements, or other documentation not previously considered
Detailed explanation - Why the new evidence changes the outcome of your case
Specific references - Citations to the original decision and how your new evidence addresses the denial reasons
Common Mistakes to Avoid
Submitting the same evidence that was already considered
Missing the 1-year deadline
Failing to directly address the reasons for denial
Not clearly labeling your request as a "reconsideration request"
Emotional arguments without supporting evidence
Reconsideration Checklist
Review exactly why your claim was denied
Medical reports, witness statements, time and attendance records, etc.
Use our template in the "Letter Templates" section
Explain how your new evidence overcomes each deficiency
Keep proof of delivery and all documentation
Call OWCP to confirm receipt of your reconsideration request
Request deadline: You must request a hearing within 30 days of the decision date.
Scheduling time: Hearings are typically scheduled 2-6 months after your request.
Decision timeframe: Expect a decision 30-90 days after your hearing.
Hearing Format
Introduction: The hearing representative will introduce themselves and explain the process.
Your testimony: You'll explain your case, focusing on why you believe the decision was incorrect.
Questions: The hearing representative may ask you clarifying questions.
Closing: You'll have a chance to make final remarks before the hearing concludes.
Record remains open: You can typically submit additional evidence for up to 30 days after the hearing.
How to Prepare
Review your entire case file thoroughly before the hearing.
Prepare a written outline of key points to make during your testimony.
Practice explaining your case clearly and concisely.
Gather all supporting documentation and have it organized and accessible.
Consider having a representative (attorney or union rep) assist you.
Hearing Testimony Preparation Guide
Use this framework to organize your testimony for maximum effectiveness:
1. Brief Personal Introduction
Your position, how long you've worked there, and a brief description of your duties.
2. Injury/Illness Description
Clearly describe how your injury/illness occurred, including specific dates, times, and circumstances.
3. Medical Treatment History
Summarize your medical treatment, diagnoses, and ongoing care needs.
4. Address Denial Reasons
Specifically address each reason OWCP gave for denying your claim and why you believe their assessment was incorrect.
5. Closing Statement
Summarize why your claim should be approved based on the evidence and your testimony.
ECAB Appeals Guide
Understanding and navigating the Employees' Compensation Appeals Board process
What is ECAB?
The Employees' Compensation Appeals Board (ECAB) is an independent appeals board that is completely separate from OWCP. The Board consists of three members appointed by the Secretary of Labor who review OWCP decisions.
Important: ECAB cannot consider any new evidence. The Board can only review evidence that was in your file when OWCP made its decision.
When to Choose an ECAB Appeal
An ECAB appeal is most appropriate when:
You believe OWCP incorrectly applied the law or its own procedures
You don't have new evidence to submit
Your case involves a complex legal or procedural issue
You've already exhausted other appeal options
Timeline and Process
Day 1
3-4 Months
6-8 Months
8-10 Months
File Appeal
Case Prepared
Board Review
Decision Issued
Required Documentation
Form AB-1 - Appeal Request Form
Written Appeal - Optional but strongly recommended
Copy of OWCP Decision - The specific decision you're appealing
Writing an Effective Appeal Statement
While not required, a written appeal statement can significantly strengthen your case. Your statement should:
Clearly identify which OWCP decision you're appealing and why
Specify exactly how OWCP erred in applying the law or procedures
Reference specific portions of your case file that support your position
Cite relevant FECA regulations, ECAB decisions, or OWCP procedures that were violated
Be concise but thorough (typically 2-5 pages)
Common OWCP Errors to Look For
Review your case for these common procedural and legal errors:
OWCP must follow the procedures in its Procedure Manual
OWCP must give proper weight to medical opinions based on established factors
OWCP must consider all evidence in the case file
OWCP decisions must clearly explain the rationale
OWCP incorrectly interpreted what a doctor stated
OWCP applied incorrect legal standards or precedents
Customizable templates for different types of appeals
Reconsideration Request Template
Instructions: Replace the bracketed text with your specific information. Customize the template to address the specific reasons for your claim denial.
Hearing Request Template
Instructions: Replace the bracketed text with your specific information. You must request a hearing within 30 days of the decision date.
ECAB Appeal Template
Instructions: Replace the bracketed text with your specific information. Focus on legal and procedural errors rather than factual disputes or new evidence.