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Injured Postal & Federal Workers

^     All messages            29723-29738 of 29738  29707-29722 >>
29738
Ed Daniel
06-30-2015
01:00 PM ET (US)
Alex:You can always appeal a final decision to the Employees' Compensation Appeals Board (ECAB). Remember, two things: (1) you have 180 days from the date of decision you are appealing to file; (2) You have to address the issue under consideration, not other issues you disagree with.
29737
Alina
06-30-2015
12:20 AM ET (US)
The notice was sent probably 1 1/2- 2 yrs ago sent out by USPS
29736
Alex
06-30-2015
12:07 AM ET (US)
Thank You Ed and Snowed,

You are right.
If I am entitled to compensation it would be for partial disability for four hours per day. I will file for an ECAB decision based on being a partial disability for four hours per day. Any case law for me to cite to the ECAB that you could recommend?
The USPS did not withdraw my 4 hour per day job. I got out for medical reasons because of the pain, but my doctor said I could work doing the lobby director assignment. I did get the unemployment money and I am going after the SSI money also. Not a lot of work that I could do outside of walmart or being a lobby director for the USPS.

Thanks you guys
29735
SnowedPerson was signed in when posted
06-29-2015
11:33 PM ET (US)
Alex-
I agree with Ed. You have to prove the need for the increase in disability from 4-8 hours. Did your condition worsen before your retired due to limited duty work? If so you might have a new claim.
29734
Ed Daniel
06-29-2015
05:27 PM ET (US)
Alex: From what I understand, you were capable of working an 8 hour day with restrictions, but your employer brought you back to work for only four hours per day. You accepted the light duty position and began working until you retired 8/26/14. If you are entitled to compensation it would be for partial disability for four hours per day. Unless, you can prove that the USPS WITHDREW the light duty you were performing. If yo so, you sustained a recurrence of disability and need to file a CA-2a claiming that the USPS withdrew your light duty. The definition of a recurrence is a shift in the threshold of pain with no intervening, except if the employing agency withdrew the light duty you were performing.
29733
Alex
06-29-2015
05:12 PM ET (US)
Ed, thank you for your input,

I can work 8 hours a day with reasonable accommodations, saying, "Welcome to Wal-Mart", that's about it.

You ask, So, why is OWCP going to give you an election between your OPM annuity and nothing from OWCP?

 Am I not entitled to an election between my OPM annuity and office benefits based on me being a partial disability ex postal employee with 6 open OWCP claims? Do I have to be totally disability to be able to have the opportunity to have an election between my OPM annuity and the office benefits. I guess I could ask my doctor for a new CA -17, making me totally disability. Should I do that, ask my doctor for a new CA -17 making me totally disability and then ask for a CA 1105.
Thank You
Alex
Edited 06-29-2015 05:14 PM
29732
Ed Daniel
06-29-2015
03:14 PM ET (US)
Alex: If you are capable of working up to 8 hours per day within your medical restriction but the USPS only gave you a 4 hours per day and 20 hours per week, as a lobby director, cause they wanted you out. Does that sound like a problem between you and USPS. OWCP issues compensation if you have a disability that prevents you from working. According to your own post, you are able to work 8 hours per day. So, why is OWCP going to give you an election between your OPM annuity and nothing from OWCP?
29731
tommiPerson was signed in when posted
06-29-2015
12:55 PM ET (US)
Alaina: sent out what notice? I received nothing on Pittman or McConnell case
29730
Alina
06-28-2015
07:44 PM ET (US)
Does anybody know what is going on with NRP? As far as getting paid for lost hours, annual and sick leave,etc... I know that there was a law suit that was won they sent out a notice and all but have not heard a word since.
29729
Alex
06-27-2015
09:33 PM ET (US)
To Ed,
My medical restrictions are very severe, with limitations on standing, sitting, walking, lifting, using my hands, driving, no reaching above my shoulder, all job related and open and approved OWCP claims, ongoing for the rest of my life. I think that I am eligible for an election based on partial disability from OWCP, from the day of my OPM retirement, 08/26/2014. I did not want to file a claim for recurrence. Do I have to file for a recurrence?
Would such a filing for a recurrence not cause controversy?
Alex
Edited 06-27-2015 09:45 PM
29728
Alex
06-27-2015
09:20 PM ET (US)
Thank you Ed,
But I don't get it.
FECA does not say restriction on benefits related to 4 hours or 8 hours.
The OPM allowed me to take a Disability Retirement from OPM because I was, and still am, a partially disabled person. I have 6 open claims right now and I always submit medical reports.
I was able to work up to 8 hours per day within my medical restriction but the USPS only gave me 4 hours per day and 20 hours per week, as a lobby director, cause they wanted me out. I could have worked 7 days a week.
My employer, the USPS would not accommodate my restrictions and OWCP did not refer me for Rehabilitation Services to determine my ability to have earnings.
I am only looking for retroactive OWCP benefits from 2014 right now, and next year I will ask for retroactive OWCP benefits for 2015.
What also confuses me; is that it says,
2-1000-4 Annuity Benefits Paid by OPM
4. Annuity Benefits Paid by Office of Personnel Management. References: FECA
Program Memoranda (ProM) Nos. 12, 27, 72, 90, 138 242, 249, 262, 263 and 267. (For
non-Federal retirement systems standing in lieu of the Civil Service Retirement System, see
ProM Nos. 242 and 262.)
a. Disability Compensation. When a claimant is entitled to disability benefits
under the Federal Employees' Compensation Act (FECA), and annuity benefits from
the Office of Personnel Management (OPM) under the Civil Service Retirement
System Act (CSRS) or the Federal Employees' Retirement System Act (FERS), the
employee must make an election between OWCP benefits and OPM benefits. The
employee has the right to elect the monetary benefit which is the more
advantageous. This policy also applies to reemployed annuitants (see Harold
Weisman, Docket No. 93-1335, issued March 30, 1994). (The claimant may receive
concurrent benefits from the Office of Workers' Compensation Programs (OWCP) and
the Thrift Savings Fund.)
Section 5 U.S.C. 8337(f) provides that the prohibition against the payment of dual
benefits does not bar the right of a claimant to the greater benefit conferred by
either Act for any part of the same period of time. Thus, an election of disability
compensation under the FECA or an election of an annuity benefit provided by OPM
is not irrevocable.
FECA does not state any restriction on benefits related to 4 hours or 8 hours. So what am I missing?

Thank You
29727
Ed Daniel
06-27-2015
01:57 PM ET (US)
Alex:Based on what you wrote, I agree with the CE. In order to make an election between OWCP compensation and OPM annuity you have the burden of proof to establish that you are either totally disabled for all employment or partially disabled as a result of an accepted work related condition. The fact that you were approved for Disability Retirement from OPM does establish that any entitlement to benefits from OWCP. OPM does not care what causes your disability, but OWCP does care that a work related disability caused your disability. If you are partially disabled (work restrictions of 4 hours per day) and your employer cannot accommodate your restrictions OWCP will normally refer you for Rehabilitation Services to determine your ability to have earnings.

Since you were claiming "full compensation benefits retroactive to 8/26/14" you have the burden to establish total disability for all employment. But if you are already getting compensation for partial disability (four hours per day) how can you NOW claim you are totally disabled for all employment?

You are not eligible for an election of benefits based on total disability, but you may be eligible for an election based on partial disability from OWCP.

If you believe that all the evidence has been submitted file an appeal to the Employees Compensation Appeals Board (ECAB).
29726
Alex
06-27-2015
11:45 AM ET (US)
Related to 29715,
Hi Ed,
My name is Alex; I have been approved for Disability Retirement since August 2014 I have been asking OWCP to allow me to elect to receive OWCP benefits instead of my OPM annuity.
The CE said that the request constituted a claim of a recurrence of disability. The CE said, “You were paid 4 hours per day because the USPS could not accommodate your work tolerance limitations. Since you requested full compensation benefits retroactive to 08/26/2014, you are essentially making claims a recurrence of disability.”
He asked me to submit documentation to substantiate a new claim for a recurrence in relation to my accepted injury.
I told him that I did not have a recurrence; I did not want to file a claim for recurrence and that he was attempting to stop me from my rights to elect to receive OWCP benefits instead of my OPM annuity.
He gave me a decision letter with appeal rights saying, “You were not totally disabled when you retired from the USPS. As such, an elect to receive OWCP benefits instead of an OPM annuity is a moot point. You are not eligible for an election of benefits.
Notably the CE did not cite any case law or the FECA manual in his decision letter. I did cite case law to him along with FECA 2-10000 4 (a) {election rights}
What should I do next?
Thank you for your input.
29725
SnowedPerson was signed in when posted
06-27-2015
12:08 AM ET (US)
tommi-
There is absolutely NO correlation with getting approved for SSDI and OWCP or your agency. They could care less.
If your SSDI gets approved, it will be offset by OWCP up to age 65. You can only collect up to 80% of your former salary. SS has three different ways they calculate your high wages.
Edited 06-27-2015 12:09 AM
29724
Ed Daniel
06-25-2015
02:24 PM ET (US)
Snowed:I found http://www.healthgrades.com as being helpful.
29723
tommiPerson was signed in when posted
06-25-2015
01:32 PM ET (US)
Sorry to repeat, but does anyone have an answer to 29716?
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