A request to withdraw a claim for rehabilitation and compensation may occur at any time. Members/ex members have the right to request that a claim be withdrawn, however, the impact of withdrawing their claim should be discussed with them. After this discussion, if the member/ex member still wishes to withdraw his/her claim, how Regional Offices are to action that request will depend on the stage of the claim at the time of the request.
A request to withdraw a claim is likely to occur primarily during the following stages:
a)prior to the claim form actually being received by the MRCC Office
b)after receipt of the claim form by the MRCC Office but before a file has been raised
c)after receipt of the claim form by the MRCC Office but prior to recording the claim details on Defcare
d)after receipt of the claim form by the MRCC Office and after recording the claim details on Defcare
e)prior to a determination being made, and
f)after a determination has been made.
Action
The following paragraphs detail how a request for withdrawal of a claim for rehabilitation and compensation is to be handled in accordance with the situations listed in paragraphs (a) to (f) above.
Prior to actually being received by the MRCC Office. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and the actual claim form has not yet been received in the office, when the claim form is received, it is to be returned to the member/ex member. No action whatsoever is to be taken with the claim form.
After receipt by the MRCC Office but before a file has been raised. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and the claim form has been received in the office but before a file has been raised, the claim form is to be returned to the member/ex member. No action whatsoever is to be taken with the claim form.
After receipt by the MRCC Office but prior to recording the claim details on Defcare. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, the claim form has been received in the office and a file has been raised but the claim has not been recorded on Defcare, the following action is to be taken:
a)the request to have the claim form withdrawn, must be received in writing from the member/ex member or his/her legal representatives. If a written request is not received, the claim is to be processed.
b)the details of the claim are to be recorded on Defcare.
c)Defcare is to be updated as follows:
(i)the Condition Determined field is to have 'Withdrawn' input
(ii)the Determined date field is to have the date the letter is signed input, and
(iii)the file is to be put away.
d)a letter is to be sent to the member/ex member advising that his/her claim for rehabilitation and compensation has been withdrawn as requested.
After receipt by the Regional Office and after recording the claim details on Defcare. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and the claim form has been received in the office, a file has been raised and the claim details have been recorded on Defcare, the following action is to be taken:
a)the request to have the claim form withdrawn, must be received in writing from the member/ex member or his/her legal representatives. If a written request is not received, the claim is to be processed.
b)a letter is to be sent to the member/ex member advising that his/her claim for rehabilitation and compensation has been withdrawn as requested.
c)Defcare is to be updated as follows:
(i)the Condition Determined field is to have 'Withdrawn' input
(ii)the Determined date field is to have the date the letter is signed input, and
(iii)the file is to be put away.
Prior to a determination being made. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and investigation into the claim has already commenced, the following action is to be taken:
a)the request to have the claim form withdrawn, must be received in writing from the member/ex member or his/her legal representatives. If a written request is not received, the claim is to be processed.
b)once a written request has been received, all investigation into the claim is to cease.
c)a letter is to be sent to the member/ex member advising that his/her claim for rehabilitation and compensation has been withdrawn as requested.
d)Defcare is to be updated as follows:
(i)the Condition Determined field is to have 'Withdrawn' input
(ii)the Determined date field is to have the date the letter is signed input, and
(iii)the file is to be put away.
If a Determination on the claim has already been made when the request for withdrawal is received, the claim cannot be withdrawn.