Posted On: 6/12/2003 Question: I have received an Acknowledgement and Automatic Time Frame Order requesting evidence or explanation for the basis of protest. Is there any forms from this office that must be sent along with the evidence? What is considered evidence? Answer: First of all, under our rules if you do NOT file evidence with us, you automatically lose. We do not consider any evidence that may have been submitted to the claims manager. You have to give us something to work with. Evidence can take many different forms. Some examples are: reports from doctors, statements from witnesses, work records, hearings or deposition transcripts, etc. The type of evidence necessary is evidence that relates to the issue before us. So the type of evidence necessary varies from case to case. There is no single type of evidence for all protests. The type and detail of evidence is a "strategy" decision. For this reason the individual who is without a attorney is somewhat handicapped. Attorneys have handled thousands of claims and generally know what type of evidence is necessary to win the protest. Obviously a person can win their protest without an attorney. But we cannot tell you what evidence we require because we have to be neutral to both sides of the issue. If we told you what type of evidence to file, we would be helping you to win your protest. We do ask for, but do not require, a "document submission form" with any evidence submitted. You can find this form in our "Forms" section of this website. You can also find more information about handling a protest in the "Tips, Help, and Advice" section of this web site.

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