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Re: [owcp] Re: Getting on total disability

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  • Donald Weaks
    Make certain you have very clear, concise and understandable connection between the cause and effect of your disability as it applies to your work environment
    Message 1 of 11 , Nov 27, 2007
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      Make certain you have very clear, concise and
      understandable connection between the cause and effect
      of your disability as it applies to your work
      environment during your service and make certain that
      your doctor is in total agreement with your disability
      claim in his/her diagnosis. One thing I learned is
      OWCP and FECA doesn't like to deal with new evidence,
      clinical reports and documentation submitted after
      your initial filing. In fact, FECA does not allow
      additional evidence.
      --- Felicia <felicia@...> wrote:

      > I'm on total disability. I didn't go from partial
      > to
      > total, though. I applied for compensation, since I
      > couldn't work. They paid me twice in lump sums and
      > then
      > started paying me on a monthly basis, since it was
      > clear
      > that my status wasn't changing. I would start by
      > having a
      > doctor's statement that you aren't capable of
      > working any
      > longer and then contacting the OWCP (in a letter)
      > and
      > letting them know that due to a doctor's
      > recommendation
      > and your own inability you are no longer able to
      > work
      > because of your condition. See what they say. --
      > Felicia
      >
      > > Sheryl,
      > >
      > > I'm not familiar with the disability process
      > because my
      > > accepted
      > > condition is not severe enough to disable me. In
      > my case,
      > > OWCP is
      > > responsible only for paying for my medical care
      > (doctor's
      > > visits,
      > > prescription drugs, etc.)--although the agency
      > often tries
      > > to shirk
      > > its responsibility.
      > >
      > > However, I would assume that the first step for
      > you would
      > > be to have
      > > your doctor assess and document your current level
      > of
      > > disability. If
      > > he or she determines that you should not return to
      > work
      > > because of
      > > your respiratory condition, then that information
      > needs to
      > > be
      > > transmitted to OWCP in Seattle. What I don't know
      > is what
      > > forms are
      > > required by OWCP in such a case, or how the
      > process will
      > > proceed from
      > > there. [Help! Can anyone provide any insight? Has
      > anyone
      > > in the
      > > group been through the process?]
      > >
      > > Kevin
      > >
      > > --- In owcp@yahoogroups.com, "skmackie"
      > <skmackie@...>
      > > wrote:
      > >>
      > >> Some years ago I was put on worker's comp for a
      > >> respiratory problem
      > > that I gained from
      > >> working in a federal building that was not
      > ventilated
      > >> properly and
      > > where there were a lot of
      > >> toxic fumes. Apparently it's cheaper to pay off
      > the
      > >> worker than
      > > redo the building.
      > >>
      > >> They put me on partial disability as they
      > determined
      > >> that I was
      > > able to do office work. I'm
      > >> now 60-years-old and my lungs are always
      > bothering me.
      > >> My friends
      > > tell me I have the
      > >> energy of an invalid. I'm wondering if it's
      > possible
      > >> for me to now
      > > get total disability status
      > >> with an increase in payment.
      > >>
      > >> Also, last I checked there were no workers comp
      > >> attorneys in my
      > > area which is eastern WA
      > >> state. This is nowhere near Seattle. Do I need
      > an
      > >> attorney and if
      > > so, where do I get one?
      > >>
      > >> Thanks for your advice.
      > >>
      > >> Sheryl
      > >
      > >
      > >
      > >
      > >
      > >
      > > Yahoo! Groups Links
      > >
      > >
      > >
      > >
      >
      >
      >


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    • Andrew Sterioff
      You might think about hiring a Federal Worker s Compensation attorney when cases are so severe and you don t understand the process or rules. I m not sure
      Message 2 of 11 , Nov 27, 2007
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        You might think about hiring a Federal Worker's Compensation attorney when cases are so severe and you don't understand the process or rules.  I'm not sure what they will ask in payment.  There are attorney's out there that specialize in Federal Worker's Compensation claims and can help you navigate the system.  I talked to one such lawyer who said he would help me appeal in the case that my claim is denied, he also advised suing for lost wages, something which I have never thought of, but he implied that suing for lost wages is standard when dealing with the Department of Labor.  I assume he will ask for a percentage of the claim.  I hate going to attorneys but the one I talked to didn't have a problem with giving me some free advice and even told me to call him back to let him know how things turned out.
         
        Andy Sterioff

        ----- Original Message ----
        From: Kevin <owcp2004@...>
        To: owcp@yahoogroups.com
        Sent: Tuesday, November 27, 2007 1:46:54 PM
        Subject: [owcp] Re: Getting on total disability

        Sheryl,

        I'm not familiar with the disability process because my accepted
        condition is not severe enough to disable me. In my case, OWCP is
        responsible only for paying for my medical care (doctor's visits,
        prescription drugs, etc.)--although the agency often tries to shirk
        its responsibility.

        However, I would assume that the first step for you would be to have
        your doctor assess and document your current level of disability. If
        he or she determines that you should not return to work because of
        your respiratory condition, then that information needs to be
        transmitted to OWCP in Seattle. What I don't know is what forms are
        required by OWCP in such a case, or how the process will proceed from
        there. [Help! Can anyone provide any insight? Has anyone in the
        group been through the process?]

        Kevin

        --- In owcp@yahoogroups. com, "skmackie" <skmackie@.. .> wrote:

        >
        > Some years ago I was put on worker's comp for a respiratory problem
        that I gained from
        > working in a federal building that was not ventilated properly and
        where there were a lot of
        > toxic fumes. Apparently it's cheaper to pay off the worker than
        redo the building.
        >
        > They put me on partial disability as they determined that I was
        able to do office work. I'm
        > now 60-years-old and my lungs are always bothering me. My friends
        tell me I have the
        > energy of an invalid. I'm wondering if it's possible for me to now
        get total disability status
        > with an increase in payment.
        >
        > Also, last I checked there were no workers comp attorneys in my
        area which is eastern WA
        > state. This is nowhere near Seattle. Do I need an attorney and if
        so, where do I get one?
        >
        > Thanks for your advice.
        >
        > Sheryl




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      • Donald Weaks
        Andy s advice is excellent. I dealt with an attorney from the DC area to appeal an SSA decison, he told me finding an attorney who specializes in Labor
        Message 3 of 11 , Nov 27, 2007
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          Andy's advice is excellent. I dealt with an attorney
          from the DC area to appeal an SSA decison, he told me
          finding an attorney who specializes in Labor
          Department claims is not easy. I got the same feedback
          from a guy evaluating my private disability coverage
          who was a former IG with the State Department. Good
          luck! Most of the disability claims attorneys will
          work on a contingency basis and charge a percentage of
          one year's benefits.
          --- Andrew Sterioff <apsterioff@...> wrote:

          > You might think about hiring a Federal Worker's
          > Compensation attorney when cases are so severe and
          > you don't understand the process or rules. I'm not
          > sure what they will ask in payment. There are
          > attorney's out there that specialize in Federal
          > Worker's Compensation claims and can help you
          > navigate the system. I talked to one such lawyer
          > who said he would help me appeal in the case that my
          > claim is denied, he also advised suing for lost
          > wages, something which I have never thought of, but
          > he implied that suing for lost wages is standard
          > when dealing with the Department of Labor. I assume
          > he will ask for a percentage of the claim. I hate
          > going to attorneys but the one I talked to didn't
          > have a problem with giving me some free advice and
          > even told me to call him back to let him know how
          > things turned out.
          >
          > Andy Sterioff
          >
          >
          > ----- Original Message ----
          > From: Kevin <owcp2004@...>
          > To: owcp@yahoogroups.com
          > Sent: Tuesday, November 27, 2007 1:46:54 PM
          > Subject: [owcp] Re: Getting on total disability
          >
          > Sheryl,
          >
          > I'm not familiar with the disability process because
          > my accepted
          > condition is not severe enough to disable me. In my
          > case, OWCP is
          > responsible only for paying for my medical care
          > (doctor's visits,
          > prescription drugs, etc.)--although the agency often
          > tries to shirk
          > its responsibility.
          >
          > However, I would assume that the first step for you
          > would be to have
          > your doctor assess and document your current level
          > of disability. If
          > he or she determines that you should not return to
          > work because of
          > your respiratory condition, then that information
          > needs to be
          > transmitted to OWCP in Seattle. What I don't know is
          > what forms are
          > required by OWCP in such a case, or how the process
          > will proceed from
          > there. [Help! Can anyone provide any insight? Has
          > anyone in the
          > group been through the process?]
          >
          > Kevin
          >
          > --- In owcp@yahoogroups. com, "skmackie"
          > <skmackie@.. .> wrote:
          > >
          > > Some years ago I was put on worker's comp for a
          > respiratory problem
          > that I gained from
          > > working in a federal building that was not
          > ventilated properly and
          > where there were a lot of
          > > toxic fumes. Apparently it's cheaper to pay off
          > the worker than
          > redo the building.
          > >
          > > They put me on partial disability as they
          > determined that I was
          > able to do office work. I'm
          > > now 60-years-old and my lungs are always bothering
          > me. My friends
          > tell me I have the
          > > energy of an invalid. I'm wondering if it's
          > possible for me to now
          > get total disability status
          > > with an increase in payment.
          > >
          > > Also, last I checked there were no workers comp
          > attorneys in my
          > area which is eastern WA
          > > state. This is nowhere near Seattle. Do I need an
          > attorney and if
          > so, where do I get one?
          > >
          > > Thanks for your advice.
          > >
          > > Sheryl
          >
          >
          >
          >
          >
          >
          >
          ____________________________________________________________________________________
          > Never miss a thing. Make Yahoo your home page.
          > http://www.yahoo.com/r/hs


          HELP FIGHT HIV and AIDS in AFRICA. Visit our website at www.hthglobal.org and make a tax deductible contribution to: Hope Through Health, PO Box 605, Medway, MA 02053-0605






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        • skmackie
          Thanks for all the feedback. I have a medical review coming and have written to my caseworker telling him that I want a change of status to total. We ll see
          Message 4 of 11 , Nov 27, 2007
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            Thanks for all the feedback. I have a medical review coming and have written to my
            caseworker telling him that I want a change of status to total. We'll see what happens.

            Sheryl

            --- In owcp@yahoogroups.com, Donald Weaks <donaldweaks@...> wrote:
            >
            > Andy's advice is excellent. I dealt with an attorney
            > from the DC area to appeal an SSA decison, he told me
            > finding an attorney who specializes in Labor
            > Department claims is not easy. I got the same feedback
            > from a guy evaluating my private disability coverage
            > who was a former IG with the State Department. Good
            > luck! Most of the disability claims attorneys will
            > work on a contingency basis and charge a percentage of
            > one year's benefits.
            > --- Andrew Sterioff <apsterioff@...> wrote:
            >
            > > You might think about hiring a Federal Worker's
            > > Compensation attorney when cases are so severe and
            > > you don't understand the process or rules. I'm not
            > > sure what they will ask in payment. There are
            > > attorney's out there that specialize in Federal
            > > Worker's Compensation claims and can help you
            > > navigate the system. I talked to one such lawyer
            > > who said he would help me appeal in the case that my
            > > claim is denied, he also advised suing for lost
            > > wages, something which I have never thought of, but
            > > he implied that suing for lost wages is standard
            > > when dealing with the Department of Labor. I assume
            > > he will ask for a percentage of the claim. I hate
            > > going to attorneys but the one I talked to didn't
            > > have a problem with giving me some free advice and
            > > even told me to call him back to let him know how
            > > things turned out.
            > >
            > > Andy Sterioff
            > >
            > >
            > > ----- Original Message ----
            > > From: Kevin <owcp2004@...>
            > > To: owcp@yahoogroups.com
            > > Sent: Tuesday, November 27, 2007 1:46:54 PM
            > > Subject: [owcp] Re: Getting on total disability
            > >
            > > Sheryl,
            > >
            > > I'm not familiar with the disability process because
            > > my accepted
            > > condition is not severe enough to disable me. In my
            > > case, OWCP is
            > > responsible only for paying for my medical care
            > > (doctor's visits,
            > > prescription drugs, etc.)--although the agency often
            > > tries to shirk
            > > its responsibility.
            > >
            > > However, I would assume that the first step for you
            > > would be to have
            > > your doctor assess and document your current level
            > > of disability. If
            > > he or she determines that you should not return to
            > > work because of
            > > your respiratory condition, then that information
            > > needs to be
            > > transmitted to OWCP in Seattle. What I don't know is
            > > what forms are
            > > required by OWCP in such a case, or how the process
            > > will proceed from
            > > there. [Help! Can anyone provide any insight? Has
            > > anyone in the
            > > group been through the process?]
            > >
            > > Kevin
            > >
            > > --- In owcp@yahoogroups. com, "skmackie"
            > > <skmackie@ .> wrote:
            > > >
            > > > Some years ago I was put on worker's comp for a
            > > respiratory problem
            > > that I gained from
            > > > working in a federal building that was not
            > > ventilated properly and
            > > where there were a lot of
            > > > toxic fumes. Apparently it's cheaper to pay off
            > > the worker than
            > > redo the building.
            > > >
            > > > They put me on partial disability as they
            > > determined that I was
            > > able to do office work. I'm
            > > > now 60-years-old and my lungs are always bothering
            > > me. My friends
            > > tell me I have the
            > > > energy of an invalid. I'm wondering if it's
            > > possible for me to now
            > > get total disability status
            > > > with an increase in payment.
            > > >
            > > > Also, last I checked there were no workers comp
            > > attorneys in my
            > > area which is eastern WA
            > > > state. This is nowhere near Seattle. Do I need an
            > > attorney and if
            > > so, where do I get one?
            > > >
            > > > Thanks for your advice.
            > > >
            > > > Sheryl
            > >
            > >
            > >
            > >
            > >
            > >
            > >
            > ____________________________________________________________________________________
            > > Never miss a thing. Make Yahoo your home page.
            > > http://www.yahoo.com/r/hs
            >
            >
            > HELP FIGHT HIV and AIDS in AFRICA. Visit our website at www.hthglobal.org and
            make a tax deductible contribution to: Hope Through Health, PO Box 605, Medway, MA
            02053-0605
            >
            >
            >
            >
            >
            >
            >
            ____________________________________________________________________________________
            > Get easy, one-click access to your favorites.
            > Make Yahoo! your homepage.
            > http://www.yahoo.com/r/hs
            >
          • sherri
            I was injured in 1994 at the PO. Back, neck, L knee. I have had multiple surgeries on knee and back. My last surgery was going on 3 years ago. It was a total
            Message 5 of 11 , Nov 27, 2007
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              I was injured in 1994 at the PO.  Back, neck, L knee. I have had multiple surgeries on knee and back. My last surgery was going on 3 years ago. It was a total knee replacement. I was doing my PT from the pain Dr. I was doing aqua therapy. I felt my R knee pop and burn. I told the PT and he said to go home and ice it. It started swelling and hurting when bending it. I had the therapist look at it, and he did some kinda testing, he said it appeared by the test that I have probably torn a cartlidge in my knee. Now my question..Can having TKR on one knee make the other one a risk? Me having done this in PT for my back, is DOL responsible for this one also?
              Sherri


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            • Kurt Corwin
              I was injured in service in India on a motorcycle in 1971. There were devastating injuries to my right leg, every segment, shortening it 2 7/8 and healing 23
              Message 6 of 11 , Nov 28, 2007
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                I was injured in service in India on a motorcycle in 1971. There were devastating injuries to my right leg, every segment, shortening it 2 7/8 “ and healing 23 degrees clockwise from the middle of my femur.  I was able to get around pretty well on my legs from about five or six years after the accident till about 10 years ago, (26 years post DOI) when the wear and tear on my lower back, left hip and left knee made a wheelchair necessary for me to get around. OWCP does pay for my wheelchairs and repairs as needed. Is that any help?

                Kurt

                 

                From: owcp@yahoogroups.com [mailto:owcp@yahoogroups.com] On Behalf Of sherri
                Sent: Tuesday, November 27, 2007 8:17 PM
                To: owcp@yahoogroups.com
                Subject: [owcp] Question

                 

                I was injured in 1994 at the PO.  Back, neck, L knee. I have had multiple surgeries on knee and back. My last surgery was going on 3 years ago. It was a total knee replacement. I was doing my PT from the pain Dr. I was doing aqua therapy. I felt my R knee pop and burn. I told the PT and he said to go home and ice it. It started swelling and hurting when bending it. I had the therapist look at it, and he did some kinda testing, he said it appeared by the test that I have probably torn a cartlidge in my knee. Now my question..Can having TKR on one knee make the other one a risk? Me having done this in PT for my back, is DOL responsible for this one also?

                Sherri

                 


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              • sherri
                it is some help.But the main question was, by me injuring my r leg in the pool while doing my physical therapy, will DOL also accept this, and pay for it to be
                Message 7 of 11 , Nov 28, 2007
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                  it is some help.But the main question was, by me injuring my r leg in the pool while doing my physical therapy, will DOL also accept this, and pay for it to be fixed.
                  Thanks

                  Kurt Corwin <krcorwin@...> wrote:
                  I was injured in service in India on a motorcycle in 1971. There were devastating injuries to my right leg, every segment, shortening it 2 7/8 “ and healing 23 degrees clockwise from the middle of my femur.  I was able to get around pretty well on my legs from about five or six years after the accident till about 10 years ago, (26 years post DOI) when the wear and tear on my lower back, left hip and left knee made a wheelchair necessary for me to get around. OWCP does pay for my wheelchairs and repairs as needed. Is that any help?
                  Kurt
                  From: owcp@yahoogroups. com [mailto:owcp@ yahoogroups. com] On Behalf Of sherri
                  Sent: Tuesday, November 27, 2007 8:17 PM
                  To: owcp@yahoogroups. com
                  Subject: [owcp] Question
                  I was injured in 1994 at the PO.  Back, neck, L knee. I have had multiple surgeries on knee and back. My last surgery was going on 3 years ago. It was a total knee replacement. I was doing my PT from the pain Dr. I was doing aqua therapy. I felt my R knee pop and burn. I told the PT and he said to go home and ice it. It started swelling and hurting when bending it. I had the therapist look at it, and he did some kinda testing, he said it appeared by the test that I have probably torn a cartlidge in my knee. Now my question..Can having TKR on one knee make the other one a risk? Me having done this in PT for my back, is DOL responsible for this one also?
                  Sherri
                   

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                • Kevin
                  Sherri, This is a tricky situation. If the injury to your right leg can reasonably be linked to your knee replacement or other surgical procedures, then I
                  Message 8 of 11 , Dec 6, 2007
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                    Sherri,

                    This is a tricky situation.

                    If the injury to your right leg can reasonably be linked to your knee
                    replacement or other surgical procedures, then I think you have a
                    good argument to put forth to OWCP. What does your physical
                    therapist say about the situation?

                    However, if the injury sustained during physical therapy resulted
                    from improper/inadequate instruction or supervision, then I think
                    your physical therapist may have some culpability.

                    If neither of the above apply, then your injury may be nothing more
                    than bad luck and I wouldn't expect anything from OWCP.

                    Hope this helps.

                    Kevin

                    --- In owcp@yahoogroups.com, sherri <sherri_76053@...> wrote:

                    > it is some help. But the main question was, by me injuring my r
                    leg in the pool while doing my physical therapy, will DOL also accept
                    this, and pay for it to be fixed. Thanks
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