[claimant's name and address]
This responds to your October 12, 2000, letter regarding back
pay for overtime claim. After closely reviewing the documentation
that you submitted, we cannot accept your claim at this time.
Part 178 of Title 5, Code of Federal Regulations (copy enclosed)
concerns the adjudication and settlement of claims for compensation
and leave. Section 178.102 describes the procedures for submitting
claims as well as the documentation that should accompany a claim.
Paragraph (a)(3) of section 178.102 specifies that this
documentation should include a copy of the denial of the claim.
Therefore, paragraph (a)(3) contemplates that an employing agency
already has reviewed, and issued an initial decision on a claim
before it is submitted to the Office of Personnel Management (OPM)
for adjudication. Although paragraph (b) of section 178.102
provides that an agency, in its discretion, may forward a claim to
the OPM, it also provides that the claimant is responsible for
ensuring that OPM receives all the information requested in
paragraph (a), including the agencys initial decision.
Based on the information that you submitted, we find no record
of such a denial of your claim from your headquarters employing
agency. Therefore, you should submit your claim to the [agency] for
a determination. I am returning the documentation that you provided
so that you can include it with your submission to the [agency]. If
your agency denies your claim at the headquarters level, you may
then submit your claim for adjudication to OPM.
Melissa A. Drummond