SAMPLE REMAnd Order cover letter
Date
Claimant Name Last 4 Digits of File Number:
Address
Dear Claimant:
Enclosed please find the Remand Order concerning your claim for compensation under the Energy Employees Occupational Illness Compensation Program Act.
Please note that the remand order is directed to the EEOICP district office. Unless you are contacted by that office for additional information, you are not required to take any action at this time. I regret any inconvenience caused to you by this remand.
Your file is being returned to:
U.S. Department of Labor, DEEOIC
XXXXX District Office
Address
City, State Zip
Future correspondence, inquiries, or telephone calls may be directed to the district office. Thank you for your cooperation.
Sincerely,
Hearing Representative
Final Adjudication Branch
| EMPLOYEE: | [Employee’s Name] |
|---|---|
| CLAIMANT: | [Claimant’s Name] |
| FILE NUMBER: | [Last 4 digits of file #] |
| DOCKET NUMBER: | [Docket Number] |
| DECISION DATE: | [Decision Date] |
REMAND ORDER
This order of the Final Adjudication Branch (FAB) concerns your claim for benefits under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or the Act), 42 U.S.C. § 7384 et seq. Your case is remanded to the EEOICP district office for consideration of the new medical evidence received that established a cancer diagnosis.
On November 9, 2005, you filed a claim for survivor benefits under the Act, based upon the claim that the employee contracted skin cancer, seizures and heart problems while employed at the Iowa Ordnance Plant. You submitted no medical evidence to establish that the employee was diagnosed with cancer.
On May 16, 2006, the district office issued a recommended decision concluding that there was insufficient evidence to establish an occupational illness under Part B of the Act and that there was insufficient evidence to establish a covered illness under Part E of the Act. Therefore, it was recommended that your claim for survivor benefits under the Act be denied. On May 30, 2006, you filed objections to the recommended decision and requested a hearing.
On August 18, 2006, a hearing was conducted on your objections. At, and subsequent to, the hearing, you submitted additional medical evidence. The medical records, specifically a pathology report of November 12, 2001, support a finding that the employee was diagnosed with basal cell carcinoma, i.e. skin cancer. This new evidence is sufficient to warrant further development of the claim.
Pursuant to 20 C.F.R. § 30.317: “At any time before issuance of its final decision, the FAB may . . . return the claim to the district office for further development and/or issuance of a new recommended decision without issuing a final decision, whether or not requested to do so by the claimant.” Therefore, the May 16, 2006 recommended decision is vacated and the case is being returned to the EEOICP district office for further development and issuance of a new recommended decision.
Washington, DC
Hearing Representative
Final Adjudication Branch
CERTIFICATE OF SERVICE
I hereby certify that on ________, a copy of the Remand Order was sent by regular mail to the following:
Claimant Name
Claimant Address
Hearing Representative
Final Adjudication Branch