Office of the General Counsel

File Number: 01-0004

[claimant's representative's name and address]

Dear [name]:

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 initial decision.

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.

Sincerely,

Melissa A. Drummond
Program Manager