# 20 C.F.R. § 10.709 (2026): What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully prosecuted at a reasonable cost?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_709

## Section

- **Citation:** 20 C.F.R. § 10.709 (2026)
- **Heading:** What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully prosecuted at a reasonable cost?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 20 CFR: Employees' Benefits / Chapter I: OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR / Part 10: CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED / Subpart H: Special Provisions / § 10.709: § 10.709   What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully prosecuted at a reasonable cost?

## Text

If a beneficiary consults an attorney and is informed that a suit for damages against a third party for the injury or death for which benefits are payable is unlikely to prevail or that the costs of such a suit are not justified by the potential recovery, he or she should request that OWCP or SOL release him or her from the obligation to proceed. This request should be in writing and provide evidence of the attorney's opinion. If OWCP or SOL agrees, the beneficiary will not be required to take further action against the third party.

## Nearby sections

- [20 C.F.R. § 10.700 (2026) § 10.700   May a claimant designate a representative?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_700.md)
- [20 C.F.R. § 10.701 (2026) § 10.701   Who may serve as a representative?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_701.md)
- [20 C.F.R. § 10.702 (2026) § 10.702   How are fees for services paid?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_702.md)
- [20 C.F.R. § 10.703 (2026) § 10.703   How are fee applications approved?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_703.md)
- [20 C.F.R. § 10.704 (2026) § 10.704   What penalties apply to representatives who collect a fee without approval?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_704.md)
- [20 C.F.R. § 10.705 (2026) § 10.705   When must an employee or other FECA beneficiary take action against a third party?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_705.md)
- [20 C.F.R. § 10.706 (2026) § 10.706   How will a beneficiary know if OWCP or SOL has determined that action against a third party is required?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_706.md)
- [20 C.F.R. § 10.707 (2026) § 10.707   What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_707.md)
- [20 C.F.R. § 10.708 (2026) § 10.708   Can a FECA beneficiary who refuses to comply with a request to assign a claim to the United States or to prosecute the claim in his or her own name be penalized?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_708.md)
- [20 C.F.R. § 10.709 (2026) § 10.709   What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully prosecuted at a reasonable cost?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_709.md)
- [20 C.F.R. § 10.710 (2026) § 10.710   Under what circumstances must a recovery of money or other property in connection with an injury or death for which benefits are payable under the FECA be reported to OWCP or SOL?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_710.md)
- [20 C.F.R. § 10.711 (2026) § 10.711   How is the amount of the recovery of the FECA beneficiary determined?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_711.md)
- [20 C.F.R. § 10.712 (2026) § 10.712   How much of any settlement or judgment must be paid to the United States?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_712.md)
- [20 C.F.R. § 10.713 (2026) § 10.713   How is a structured settlement (that is, a settlement providing for receipt of funds over a specified period of time) treated for purposes of reporting the gross recovery?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_713.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P10_S10_709. Check the current official text before relying on it. Not legal advice.