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[claimant's representative's name and address]
This responds to your October 18, 2000, letter regarding
[claimant]. Per your request, we will retain your letter and use it
to establish the tolling date for the statute of limitation, upon
receipt of [claimant's] claim. We acknowledged receipt of your
letter on October 26, 2000.
It appears from your letter that [claimant] has not filed a
claim with his employing agency. As you mentioned, 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
Please be mindful of the requirement that a denial of Mr.
Connellys claim by his employing agency must be completed before
you submit Mr. Connellys formal claim to OPM. I appreciate the
opportunity to assist you in this matter.
Melissa A. Drummond