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Re: [owcp] Re: Getting on total disability

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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 1 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
      >
      >
      >
      >
      >
      >
      >
      ____________________________________________________________________________________
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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 2 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 3 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 4 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 5 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 6 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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