20 C.F.R. § 702.225

Withdrawal of a claim

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(a) Before adjudication of claim. A claimant (or an individual who is authorized to execute a claim on his behalf) may withdraw his previously filed claim: Provided, That:

(1) He files with the district director with whom the claim was filed a written request stating the reasons for withdrawal;

(2) The claimant is alive at the time his request for withdrawal is filed;

(3) The district director approves the request for withdrawal as being for a proper purpose and in the claimant's best interest; and

(4) The request for withdrawal is filed, on or before the date the OWCP makes a determination on the claim.

(b) After adjudication of claim. A claim for benefits may be withdrawn by a written request filed after the date the OWCP makes a determination on the claim: Provided, That:

(1) The conditions enumerated in paragraphs (a) (1) through (3) of this section are met; and

(2) There is repayment of the amount of benefits previously paid because of the claim that is being withdrawn or it can be established to the satisfaction of the Office that repayment of any such amount is assured.

(c) Effect of withdrawal of claim. Where a request for withdrawal of a claim is filed and such request for withdrawal is approved, such withdrawal shall be without prejudice to the filing of another claim, subject to the time limitation provisions of section 13 of the Act and of the regulations in this part.

[38 FR 26861, Sept. 26, 1973. Redesignated at 50 FR 397, Jan. 3, 1985]

Notes of Decisions

Cited in 4 cases, 1994–2001 · leading case: Pool Co. v. Otis L Cooper, 274 F.3d 173 (5th Cir. 2001).

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Pool Co. v. Otis L Cooper, 274 F.3d 173 (5th Cir. 2001). · cites it 9× “Cooper urges us to affirm the decision of the BRB, which held that the concession of Cooper’s counsel at the formal hearing was without effect because he did not follow the procedure for withdrawing a claim for benefits set forth in 20 C.F.R. § 702.225 (a) (1999). That provision…”

Ingalls Shipbuilding, Inc. v. Asbestos Health, 17 F.3d 130 (5th Cir. 1994). · cites it 2× “” 20 C.F.R. § 702.225 (a)(3). Moreover, the withdrawal is without prejudice to the filing of a later claim, subject to the time limitations of the LHWCA.”

Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, 102 F.3d 1385 (5th Cir. 1996). · cites it 2× “" 20 C.F.R. § 702.225 . It is necessary, however, in order to preserve each of these rights for the district director to act promptly upon a request for a hearing before an AU.”

Ingalls Shipbuilding, Inc. v. Dir., Off. Of Workers' Comp. Programs, United States Dep't Of Labor, 102 F.3d 1385 (5th Cir. 1996). “See 20 C.F.R. 702.225(c). 6 Ingalls appealed the decision of the District Director to the Board claiming that the allowance of the withdrawal amounted to an abuse of discretion.”

— 20 C.F.R. § 702.225(c) — 2 cases

Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, 102 F.3d 1385 (5th Cir. 1996). “" 20 C.F.R. § 702.225 . It is necessary, however, in order to preserve each of these rights for the district director to act promptly upon a request for a hearing before an AU.”

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