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Re: [owcp] Contining Disability

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  • 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 1 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 2 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 3 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 4 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 5 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 6 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 7 of 11 , Apr 4 11:10 PM
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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 8 of 11 , Apr 4 11:37 PM
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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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