(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withdrawn by a written request filed after the date the OWCP makes a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because of the claim that is being withdrawn or it can be established to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]
