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Injured Postal & Federal Workers

^     All messages            29362-29377 of 29377  29346-29361 >>
29377
SnowedPerson was signed in when posted
03-24-2015
07:30 PM ET (US)
Ed-THANK YOU!
29376
Ed Daniel
03-24-2015
04:32 PM ET (US)
Snowed:I am going to give you my personal opinion on your post 29374. If the IW is still on the agency's employment rolls (whether getting compensation or not), if the agency says jump, the IW should reply on the way up "How high"? If the IW has been formally terminated (SF-50 issued showing termination) as a Federal employee then it is up the IW whether to do what the employer request.
29375
KIMMIEKPerson was signed in when posted
03-24-2015
12:26 PM ET (US)
Thanks ED you taught me something new... appreciated.
29374
SnowedPerson was signed in when posted
03-24-2015
11:27 AM ET (US)
Ed Daniel-
What is a claimant's responsibility to an agency as far as sending updated medical/restriction info once they are separated from the agency?
29373
Ed Daniel
03-21-2015
11:13 AM ET (US)
KIMMIEK: The key words here are "use his discretion". If a CE does not what to have to be responsive to three, four, five people asking the same or different question(s) he/she can simply say your are allowed only one representative, choose one and the others can go pound sand.
29372
Luther Carson
03-21-2015
06:29 AM ET (US)
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29371
KIMMIEKPerson was signed in when posted
03-20-2015
11:30 PM ET (US)
spacey your CE sounds like my CE
29370
KIMMIEKPerson was signed in when posted
03-20-2015
11:27 PM ET (US)
I totally agree with Ed Daniel on this one. I have more than one representative approved on my claim so there is no restriction as long as they are approved to represent me. My Husband- My UNION REP and my Attorney all have approval to discuss my case- I looked this up after seeing this thread from spacey1. Neice I agree all attorney's are different but OWCP is NOT- It stays consistent with their rules and regulations. If you need someone to represent you then you tell OWCP to approve them as there are privacy laws when it comes to your case.
29369
neicePerson was signed in when posted
03-20-2015
08:58 PM ET (US)
kimmiek - It looks like owcp atty's just do certain things for their client, but I would make sure everything is written in your agreement and signed by you & the atty.

I never needed an atty, but I do know how regular civil lawsuit attys do things. Owcp atty's sound like they specify in their agreement with their clients what they're going to perform for them. You just need to read your agreement.
29368
Ed daniel
03-20-2015
06:42 PM ET (US)
spacey1:I have no idea what "Section 81-27" is. Write to him "Requesting in accordance with "Freedom of Information Act (FOIA)" for a copy of Section 81-27 referenced your recent telephone conversation". You ask under the FOIA because it is from a published document. The 1974 Privacy Act, is used to obtain copies of documents in your file. I would suggest that you continue using the speaker on the phone and your husband there asking YOU questions and YOU repeating them to the CE. Eventually, he will get tried of this method and use his discretion and allow your husband to ask questions directly.

I always recommend to my clients to immediately write a letter to the CE. The letter should start out with "This is to confirm our telephone conversation on XXXX, addressing the following information:....." Then list out what was discussed and what was the final resolution at the end of conversation. End the letter with "If I have stated anything incorrectly, please so advise". Remember, all decisions are made on the evidence of record, are you going to reply on OWCP to have the only record of the conversation in writing or could they say "What telephone conversation". Keep your attorney in the loop by sending your attorney a copy of the letter you send to OWCP.
29367
spacey1Person was signed in when posted
03-20-2015
05:56 PM ET (US)
It's all OK. That's the one the CE called back to tell me, Ed, plus Section 81-27, which I don't have a clue how to find anyway. But it really is OK now. Because when he called back, I just put the phone on speaker, my husband stood right there by me & asked the questions to me & I then repeated them to Mark Schrenger. In fact, I ended up having a fit of laughter, it became so hilarious. I now see Mark in a whole new light. He isn't intimidating at all. He's a comedian! What was I so afraid of, anyway? I wish you could have heard it. I will never complain again about this. Thanks, guys, for the good input, though.
Edited 03-20-2015 05:57 PM
29366
Ed Daniel
03-20-2015
03:48 PM ET (US)
spacy1:Read 20 CFR 10.700(b) & 10.701
29365
spacey1Person was signed in when posted
03-20-2015
03:41 PM ET (US)
One of the reasons we hired our attorney is because he said my husband and I could do the things we wanted to do concerning my claim and have him do only the things we wanted him to do. He is one of a kind. His name is Paul Felser. But we have learned a lot over the years and we don't need him to do every little thing and have to pay him for it.

Yes, KIMMIEK, I sent a letter like that years ago. The CE knows it and knows us. He just wants to be a jerk, go figure, ha ha. It is kind of funny, you have to admit. It doesn't take a lot to chap the CEs' hides does it?

Neice, I know that's true in civil suits but this isn't a lawsuit. This is my husband and he has the right to speak for me. If it was another person like a union representative who represents OWCP claimants for the union or some other type of representative that would be different. But if it's a family member speaking for their loved one the CE is picking at gnats and he knows it. There is no such rule. He is taking a rule meant for attorneys or other legal representatives and applying it inappropriately.
29364
KIMMIEKPerson was signed in when posted
03-20-2015
02:19 PM ET (US)
Niece

My attorney NEVER speaks for me and has only been involved after the fact so far anyway. Should he be talking to the CE for me instead of me? I had a CE bark at me for 48 minutes making subtle threats and he told me that reports are missing from my file!
29363
neicePerson was signed in when posted
03-20-2015
01:24 PM ET (US)
spacey1 - When you hire an atty for civil suits, etc., that's what happens. The atty speaks for the plaintiff.

The defendant has to go thru the plaintiff's atty.

You could try asking your atty to write a letter to owcp giving your husband permission to ask the CE questions on your behalf.

If you do things w/o the atty knowing, the atty can drop you.
29362
KIMMIEKPerson was signed in when posted
03-20-2015
01:12 PM ET (US)
Does OWCP have a letter signed and dated by you that your hubby can represent him? If no please send one ASAP so your hubby can talk with the claims examiner.
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