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Contining Disability

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  • armenia8
    hey, I m an RPCV from Armenia - while in service I suffered a ruptured disc that I was med evac d and treated for in DC. I then returned to service; about a
    Message 1 of 11 , Mar 28, 2004
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      hey,

      I'm an RPCV from Armenia - while in service I suffered a ruptured
      disc that I was med evac'd and treated for in DC. I then returned to
      service; about a year later the disc reruptured, and I am now unable
      to work due to the injury (standing or sitting for any length of time
      is extremely painful). I did get one whopping check from the OWCP
      (FECA)for back pay from my COS until mid December or so, and was told
      I would need to file a CA-7 every two weeks or so. I filed as told,
      and a month plus later got a letter denying my claim, saying there
      was no medical evidence that supported ongoing disability. Apparently
      I need to file a CA20 (doctor's report) stating definitive dates of
      disability (ie, from 11/5/2002 - 9/22/2005). My problem being that no
      one knows how long I will be disabled - it could be forever (god
      forbid!) or something could work and I could be 'fixed', or at least
      enough to return to normal life. It's impossible to say - but they
      want a definite date.

      Has anyone else had to deal with ongoing disability? What was your
      experience? Any feedback would be helpful....

      meg wallace
    • wcaid@aol.com
      Hi Meg I have been dealing with OWCP since an injury in 1998, and have had many issues to overcome, including recurrences. You need to file a CA-2a, Claim for
      Message 2 of 11 , Mar 28, 2004
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        Hi Meg

        I have been dealing with OWCP since an injury in 1998, and have had many issues to overcome, including recurrences.

        You need to file a CA-2a, Claim for Recurrence of Disability (this is the same injury).  Send all your doctors' notes since the recurrence when you submit the CA-2a.  I do not recall if the CA-20 is necessary for this, my doctors' notes were all that were submitted. Review your letter of denial for appeal rights for this Decision and pay close attention to the dates.  

        The best thing to do is to read-read-read the CA-810, Injury Compensation for Federal Employees.  Use this link for the Dept of Labor :  

                    http://www.dol.gov/esa/owcp_org.htm

        You can also get all the forms you need from this site.

        They can demand a definite date all they want, the truth is that nobody knows right now.  This is a medical issue for your doctor to address!

        I have some info about the CA-2a in my computer and will be glad to email it if you want it.

        Laurie
      • FourDirect@aol.com
        Meg, I ve had an ongoing relapsing/remitting kind of a thing. OWCP/USDOL has such a hard time dealing with anything that can t fit on a line or can t be
        Message 3 of 11 , Mar 28, 2004
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          Meg,

          I've had an ongoing relapsing/remitting kind of a "thing." OWCP/USDOL has
          such a hard time dealing with anything that can't fit on a line or can't be
          definitively described. I end up having to get "disability" for periods of time and
          then get off and then have to start all over again and it is exhausting. For
          the time being I just get doctors to say that I am currently disabled and they
          anticipate that I will be for the forseeable future and that my situation
          will be updated as need be. If they write that sort of thing along with a
          descriptive narrative I've found that seems to suffice.

          I developed bovine TB and then meningitis after I returned to the states but
          it was definitely Peace Corps related and it was a long struggle to get it
          documented. Since I had to write a date of "injury" I had to just make one up,
          just to demonstrate how ridiculous these things are. As we all know you don't
          just get TB at 2:15 pm on a given day and then become 92% incapacitated for 3.5
          years but that would certainly work better for their forms, wouldn't it!?

          Anyway, the above is how I've worked with this issue. Maybe that helps?

          Nancy Tongue
          (Chile 1980-82)
          NYC
        • DOUGLAS E HEMKEN
          I have been considered permanently disabled since 1985. I was lucky enough to avoid the initial OWCP paperwork, as I was sent home after 11 major surgeries
          Message 4 of 11 , Mar 29, 2004
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            I have been considered permanently disabled since 1985. I was lucky enough to avoid the initial OWCP paperwork, as I was sent home after 11 major surgeries with my own home IV kit. It's kind of funny to talk about that as my "good" luck!

            My degree of disability has varied from 100% disabled to my current ~20% disabled (based on wage earning capacity, not hours worked - based on hours, I'm about 50% disabled).

            Every couple of years I get a threatening letter from OWCP telling me they need a current medical report to continue my case. There is a place on the form where the doctor indicates to what extent they think you will recover, and how long they think that will take. I take it this is crucial to a long-term case.

            Douglas Hemken
            Statistical Consultant
            Social Science Micro Lab
            3218 Social Science Bldg.

            dehemken@...
            262-0862

            ----- Original Message -----
            From: armenia8 <armenia8@...>
            Date: Sunday, March 28, 2004 7:30 am
            Subject: [owcp] Contining Disability

            > hey,
            >
            > I'm an RPCV from Armenia - while in service I suffered a ruptured
            > disc that I was med evac'd and treated for in DC. I then returned
            > to
            > service; about a year later the disc reruptured, and I am now
            > unable
            > to work due to the injury (standing or sitting for any length of
            > time
            > is extremely painful). I did get one whopping check from the OWCP
            > (FECA)for back pay from my COS until mid December or so, and was
            > told
            > I would need to file a CA-7 every two weeks or so. I filed as
            > told,
            > and a month plus later got a letter denying my claim, saying there
            > was no medical evidence that supported ongoing disability.
            > Apparently
            > I need to file a CA20 (doctor's report) stating definitive dates
            > of
            > disability (ie, from 11/5/2002 - 9/22/2005). My problem being that
            > no
            > one knows how long I will be disabled - it could be forever (god
            > forbid!) or something could work and I could be 'fixed', or at
            > least
            > enough to return to normal life. It's impossible to say - but they
            > want a definite date.
            >
            > Has anyone else had to deal with ongoing disability? What was your
            > experience? Any feedback would be helpful....
            >
            > meg wallace
            >
            >
            >
            >
            > Yahoo! Groups Links
            >
            >
            >
            >
            >
            >
          • wcaid@aol.com
            It is critical to keep your claim active. Submit your doctor s notes/reports on a regular basis. Don t wait for the threatening letters. The primary
            Message 5 of 11 , Mar 29, 2004
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              It is critical to keep your claim active.  Submit your doctor's notes/reports on a regular basis.  Don't wait for the 'threatening' letters.  The primary purpose of OWCP is to return you to work.  There are many ways to cut off, or reduce your comp.  They are sure to do it if you don't keep your claim alive.

              Have you had an impairment rating and schedule award yet?

              Laurie
            • soukien
              what s difference between impairment rating and schedule award? Is impairment rating the same thing as P&S? Anybody know the answer to the following question?
              Message 6 of 11 , Mar 29, 2004
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                what's difference between impairment rating and schedule award?
                Is impairment rating the same thing as P&S?
                Anybody know the answer to the following question?
                Once a person is sent to retrain like going to school by owcp, can
                he/she be investigated by his/her employer?
                thank
                sk


                --- In owcp@yahoogroups.com, wcaid@a... wrote:
                > It is critical to keep your claim active. Submit your doctor's
                notes/reports
                > on a regular basis. Don't wait for the 'threatening' letters. The
                primary
                > purpose of OWCP is to return you to work. There are many ways to
                cut off, or
                > reduce your comp. They are sure to do it if you don't keep your
                claim alive.
                >
                > Have you had an impairment rating and schedule award yet?
                >
                > Laurie
              • FourDirect@aol.com
                And does anyone know now that ACS is in charge how one goes about getting retraining as I need to change careers due to my illness and need to go back to
                Message 7 of 11 , Mar 30, 2004
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                  And does anyone know now that ACS is in charge how one goes about getting "retraining" as I need to change careers due to my illness and need to go back to graduate school?
                  Nancy


                  From: soukien@...
                  Reply-to: owcp@yahoogroups.com
                  To: owcp@yahoogroups.com
                  what's difference between impairment rating and schedule award?
                  Is impairment rating the same thing as P&S?
                  Anybody know the answer to the following question?
                  Once a person is sent to retrain like going to school by owcp, can
                  he/she be investigated by his/her employer?
                  thank
                  sk


                  --- In owcp@yahoogroups.com, wcaid@a... wrote:
                  > It is critical to keep your claim active.  Submit your doctor's
                  notes/reports
                  > on a regular basis.  Don't wait for the 'threatening' letters.  The
                  primary
                  > purpose of OWCP is to return you to work.  There are many ways to
                  cut off, or
                  > reduce your comp.  They are sure to do it if you don't keep your
                  claim alive.
                  >
                  > Have you had an impairment rating and schedule award yet?
                  >
                  > Laurie



                • meg bryant
                  hey you-all, Thanks for the responses - this is a (I believe) considered a contining disability at this point, rather than a reoccurance of disability. I ve
                  Message 8 of 11 , Mar 31, 2004
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                    hey you-all,

                    Thanks for the responses - this is a (I believe) considered a contining disability at this point, rather than a reoccurance of disability. I've been unable to work since my service ended (August 2003) - annoyingly enough, my assignment in Armenia was one of the few jobs I could do, as I was able to set my own schedule depending on my pain levels, and I never needed to do anything that involved standing or sitting for prolonged periods of time. Urgh.

                    As it stands now, my case worker at the Boston OWCP has told me I need to file a CA-20 (the physican's report) in order to continue receiving compensation. I am considered 100% disabled (lovely label, innit?). The main problem I see is that the neurosurgeon that needs to fill out this report is not thrilled with filling in a definite date for period of disability (ie, 11/5/02 - 11/5/04) - as no one can say how long this this will last, or what treatment might prove effective. Not to mention the difficulty of even getting in to see him - well, it's not as though I'm a critical case, after a year and a half. Anything bad that was going to happen due to delays in medical treatment is already a reality.

                    It's discouraging. Everything seems to take months at best to process and, while I currently have enough money to live on, watching that negative case flow is scary, to say the least - and living in Limbo is equally disheartening. I don't feel that I can plan my future, or that I have much control over my life.

                    I've heard that after 'X' time period of total disability, OWCP will kick the claiment over to SSDI - any experience with this? What about general turnaround times for contining disability claims - how long does it 'normally' take a CA-7 filed with Peace Corps to yield a check from OWCP, assuming all the paperwork is in order?

                    again, many thanks to the people who responded,

                    meg



                    We are the forgotten, burning in the streets, hands out, screaming: "This is not all I am; I had something else in mind to do today."


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                  • DOUGLAS E HEMKEN
                    After almost 20 years of disability that has varied from 100% to partial, I m still with the dear old OWCP. Douglas Hemken Statistical Consultant Social
                    Message 9 of 11 , Mar 31, 2004
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                      After almost 20 years of disability that has varied from 100% to partial, I'm still with the dear old OWCP.

                      Douglas Hemken
                      Statistical Consultant
                      Social Science Micro Lab
                      3218 Social Science Bldg.

                      dehemken@...
                      262-0862
                    • FourDirect@aol.com
                      Just putting this out again!!! Nancy In a message dated 3/30/2004 11:51:06 AM Eastern Standard Time,
                      Message 10 of 11 , Apr 4, 2004
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                        Just putting this out again!!!
                        Nancy


                        In a message dated 3/30/2004 11:51:06 AM Eastern Standard Time, FourDirect@... writes:


                        Subj:[owcp] Re: imp rating & schedule award
                        Date:3/30/2004 11:51:06 AM Eastern Standard Time
                        From:FourDirect@...
                        Reply-to:owcp@yahoogroups.com
                        To:owcp@yahoogroups.com
                        Sent from the Internet



                        And does anyone know now that ACS is in charge how one goes about getting "retraining" as I need to change careers due to my illness and need to go back to graduate school?
                        Nancy


                        From: soukien@...
                        Reply-to: owcp@yahoogroups.com
                        To: owcp@yahoogroups.com
                        what's difference between impairment rating and schedule award?
                        Is impairment rating the same thing as P&S?
                        Anybody know the answer to the following question?
                        Once a person is sent to retrain like going to school by owcp, can
                        he/she be investigated by his/her employer?
                        thank
                        sk



                      • wcaid@aol.com
                        An impairment rating is done by a doctor. The best is The Ellis Clinic. They have a website, www.ellisclinic.com The affected body part is given a percentage
                        Message 11 of 11 , Apr 4, 2004
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                          An impairment rating is done by a doctor.  The best is The Ellis Clinic.  They have a website, www.ellisclinic.com

                          The affected body part is given a percentage rating.  

                          A schedule award is the amount of money you get for having the percentage of disability.  It's all based on numbers in a book.  That is why it is so important to get a good doctor!

                          Laurie

                          From the DOL website:


                          ---DISCLAIMER---


                          This publication contains questions and answers most frequently raised about the Federal Employees' Compensation Act (FECA). It does not have the effect of law or regulation, but it describes in non-technical language the basic provisions of the FECA and includes information concerning the most common issues about entitlement and claims processing. The information contained in this publication is subject to policy and/or procedural change. More detailed information on specific problems may be obtained by contacting the Office of Workers' Compensation Programs (OWCP) .

                          98. If as the result of employment, an employee suffers permanent disability involving loss or loss of use of a member, function, or organ of the body such as an arm, foot, lung, or loss of vision or hearing, is he or she entitled to compensation for impairment, in addition to compensation for wage loss?The FECA provides a schedule of payments for the loss or loss of use of specified members, functions and organs of the body. A list of schedule members is shown below in Question 102. The schedule award is paid when the medical evidence establishes that the schedule part of the body has reached maximum medical improvement. It is paid on the same basis that wage loss compensation is paid, i.e., at two-thirds or three-fourths of the employee's pay rate.
                          99. Can schedule award payments be made while an employee is working? Yes. Payment is made for a specified number of weeks even if the individual returns to regular work at full pay. Schedule awards may also be paid while an employee is receiving sick or annual leave pay, drawing Civil Service Retirement benefits, working for private industry, or is self-employed. They may not be paid, however, while an employee is receiving compensation benefits for wage loss for the same injury.
                          100. Can a schedule award be paid on the basis of permanent impairment of the brain, heart, or back?No. These parts of the body are specifically excluded from schedule award consideration under 5 U.S.C. 8l01 (20). Compensation is paid, however, for wage loss resulting from such impairment.
                          101. What happens if an employee suffers disfigurement as a result of a work injury?In cases where an employee suffers injury to the face, neck, or head, and disfigurement results, the FECA provides for payment of an award of compensation not to exceed $3500 if the disfigurement will likely be a handicap in securing or maintaining employment. Such awards are considered for seriously disfiguring scars and deformities.
                          102. Specifically, what is the schedule of payments for permanent impairment of the various extremities, organs and body functions? Compensation is provided for specified periods of time for the permanent loss, or loss of use, of certain parts and functions of the body. Partial loss or loss of use of these parts and functions is compensated on a proportional basis.
                          The following table shows the number of weeks payable for each schedule member if the loss or loss of use is total.
                          Anatomical Member. . . . . Max. No. of Weeks of Compensation
                          Arm . . . . . . . . . . . . . . . . . . . . . . . . 312
                          Leg . . . . . . . . . . . . . . . . . . . . . . . . 288
                          Hand . . . . . . . . . . . . . . . . . . . . . . . 244
                          Foot . . . . . . . . . . . . . . . . . . . . . . . 205
                          Eye . . . . . . . . . . . . . . . . . . . . . . . .160
                          Thumb . . . . . . . . . . . . . . . . . . . . . . 75
                          First Finger . . . . . . . . . . . . . . . . . . .46
                          Great Toe . . . . . . . . . . . . . . . . . . . 38
                          Second Finger . . . . . . . . . . . . . . . . 30
                          Third Finger . . . . . . . . . . . . . . . . . . 25
                          Toe (other than great toe) . . . . . . . . .16
                          Fourth Finger . . . . . . . . . . . . . . . . . . 15
                          Complete loss of hearing
                          (one ear) . . . . . . . . . . . . . . . . . . . . . 52
                          Complete loss of hearing
                          (both ears) . . . . . . . . . . . . . . . . . . .200
                          Breast . . . . . . . . . . . . . . . . . . . . . . .52
                          Kidney . . . . . . . . . . . . . . . . . . . . . 156
                          Larynx . . . . . . . . . . . . . . . . . . . . . 160
                          Lung . . . . . . . . . . . . . . . . . . . . . . 156
                          Penis . . . . . . . . . . . . . . . . . . . . . .205
                          Testicle . . . . . . . . . . . . . . . . . . . . .52
                          Tongue . . . . . . . . . . . . . . . . . . . .160
                          Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye. The degree of loss of vision or hearing is determined without regard to correction; that is, improvements obtainable with use of eyeglasses and hearing aids are not considered in establishing the percentage of impairment.
                          Where injury-related loss of earning capacity persists after the schedule award ends, compensation may be continued for loss of earning capacity.

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