Woops; meant to say "yes" the criterion are completely different between ssa and opm

"Isn't the criteria different between SSD and OPM when it comes to determining disability?"

No not at all, SSA and OPM are completely different processes, different agencies, different burdens of proofs, shifting burdens, appeals, etc.

"conditions underlying the applications to OPM and SSA are the same"
What is meant by that?"

Simply put; the conditions of the application are that one must prove they are disabled for each process. Thereafter, the process of proof is completely different for each.

"Is there a positive spin on this? "

Certainly! Once you prove you are disabled then you received government benefits, medical care, etc.

I used to get on this forum quite a bit back in early 2007....I got my schedule award and like a lot of people didn't come back in here till I needed more information....also my 16 yr. old son was killed in a car wreck and it just about blew my whole life apart...but Thanks to Dirty Dave and his help I got my schedule award and was happy with it...also the Ellis Clinic...they are great....I highly reccomend them....they even got the PO to pay for my trip to Oklahoma City and paid my wife to drive me...this is scarey to say but it was almost easy....I unlike a lot of people that I read about in here have had a fairly easy time with my job....great supervisors...a few nasty remarks from coworkers...but I am like a duck...just let it slide off...one day at a time...kind of like an alcoholic's creed...I just need to know more about this reacessment....so I can pick what road is best for me.......Thanks to all and good luck

Mr. Linehan,

thanks for the response..

Isn't the criteria different between SSD and OPM when it comes to determining disability? Something about performing the "critical" elements of the job?

"conditions underlying the applications to OPM and SSA are the same"
What is meant by that?

It would be nice if OPM came to a decision before SSD.

Is there a positive spin on this? Or is it always doom and gloom?

"i only have to apply for it because I am FERS. if I'm not approved for SSD than I will get my full disability retirement (?)"

Not at all; OPM and SSA have completely different burdens of proof; different processes.
Als you do not just have to "apply" for SSA and forget about it in your OPM claim. You must follow through with the SSA claim if denied; go through appeals, hearing etc. The SSA denial can be used by OPM to deny your OPM.

"I note that the appellant was denied social security benefits. IAF, Tab 3, Subtab IID at 43. The Board has held that, while it is not bound by decisions by SSA to award social security benefits, they will be considered in adjudicating disability retirement cases where the conditions underlying the applications to OPM and SSA are the same. Gardner v. Office of Personnel Management, 91 M.S.P.R. 391, ¶ 7 (2002)."107 LRP 17371

Vice versa: "It is well-settled that a grant of SSA benefits is relevant in determining eligibility for disability retirement under FERS. See Trevan v. Office of Personnel Management, 69 F.3d 520, 526 (Fed. Cir. 1995)" 106 LRP 25425

RuuthLess

It boild down to a personal decision, if you can live on OPM then I say go for it, and get a side job if you can and make 70% of what you did with the PO.

I know the limit is 80% but buyer beware on this as the courts and OPM are realy holding peoples feet to the fire on this so I would never recommend going to 80%.

I could have held off OPM for years and came out better monthly as when I left and now there is a 12K diffence per year for the average so it would have greatly increased the annuity.

Thanks John and retired1...

I understand i will be getting less money from OPM..and I also understand that SSD is difficult to get approved. i only have to apply for it because I am FERS. if I'm not approved for SSD than I will get my full disability retirement (?)

I am 48 and started with the PO in 1987.I was injured in 1991, worked 4 hrs until 1993.

I'm just getting tired of the SCEOP..and all the crap. Its been so long.
I could never go back to my carrier craft..I could never do that kind of repetiton, the standing, bending, lifting..etc..

I have had the unpleasant experience of fighting to have my checks reinstated. Several years and thousands of dollars to get it back.

My doctor sees so many patients..he isnt interested if I get my check or not. he knows the feds are terrible to work with.they want to do as little as possible it seems.

How much does waiting to apply really mean in dollars? It converts over when I reach 62 (?)

My medical is coming from my husband.

I know the decision to apply or not apply is controversial..I was hoping to hear input from both sides..

there is another message board that advocates filing for OPM as soon as you know you arent going back to work, as to protect yourself from loss of income if OWCP terminates you. I have gone back and forth in my mind over and over as to what I should do.

It just seems that I will feel relieved to have these a$$e$ off my back. To be able to collect something from OPM, and then apply for my SA sounds so good sometimes. Maybe even set myself up doing something with the rest of my life..without having to look over my shoulder all the time. I'm afraid to even go to the mailbox..or bend down to pick up the newspaper because it will turn into something it's not. I have no clue as to what I could possibly do. I have read that people go to work for themselves..as no one will hire a person that has been on comp..or is disabled from their job.

After this many years..I'm tired. The stress is really debilitating itself. I read these posts everday, here and the other site too..everyone has horror stories. Unless you live next door to Ellis Clinic, drs are tired of the crap too.

Sorry to rant on here..I really appreciate the fact that you replied, and are willing to help.

Anyone..please chime in..your 2cents are needed.

"I assume you believe you will never work again? Are you getting OWCP payments now? I would wait as long as possible to file OPM disability retirement if I am getting compensation. OPM and SSD together are only about 2000 bucks a month because of the SSD offset to OPM. The OPM is also taxable. Your medical insurance will be much more expensive. You can retire on OPM and opt to stay on OWCP for as long as you can. The thing is that once you are approved for OPM you are an ex-employee."

Well stated John.

Most do not understand the position they are in and the ramifacations that OPM has as far as the money goes.

Staying on OWCP is a pain in the ass , we all know that, OWCP is no longer a non-adversarial agency, most of us know that, but it is what it is and you must play the game, and if your doctor is not willing you will get into a financial mess and wonder if you need to be committed.

OPM is only a last resort, the longer you put this off, the more you will get when you must take the disability retirement.

When OPM approves you the PO will wipe with your OPF file with a smile, and your right to return is basicaly nill when you find you have made a mistake.

Be very careful to get the facts and amounts before you apply for OPM. CYA

Ruthless

     I assume you believe you will never work again? Are you getting OWCP payments now? I would wait as long as possible to file OPM disability retirement if I am getting compensation. OPM and SSD together are only about 2000 bucks a month because of the SSD offset to OPM. The OPM is also taxable. Your medical insurance will be much more expensive. You can retire on OPM and opt to stay on OWCP for as long as you can. The thing is that once you are approved for OPM you are an ex-employee.

I am having a problem with comp nurse. I am scheduled to return to work in a few days, I have a copy of back to work release and a copy was sent to my postmaster the same day of doctors visit, but my nurse said that I was supposed to return to work today. I also received a call today from my comp specialist asking why I did not return to work today. Oh, the nurse also told me that she had a copy stating that I was released today to go back to work, I then told her I was requesting a copy of my case file and she started laughing on the phone, I ask her why she was laughing? Any input would be appreciated! Thanks

reimbursement for "anything" is up to december of the year FOLLOWING when the claim is accepted. not 3 years. if accepted in oct. 07, then you have until dec., 08. if accepted in july 07, then you have until dec., 08. this is for milege and/or script co-pays.
mail-lady. your doctor will let you know when you've reached MMI.
ruthless: you file, but elect to stay on owcp. as long as you are on owcp benefits, you cannot file for the SA. you cannot collect both for the same injury. when and if you do decide to retire, then you can collect on the SA.

"I filed for reconsideration appeal on amt. of SA. This was denied a review. The only recourse is ECAB appeal. "

ECAB pointers:
You must present legal or factual error of the USDOL.
No new or additional evidence is allowed.
Arguments are based on record as-is.
Average time for ECAB review: 1 to 3 years.

Common ECAB errors by claimants:
1. Not providing a legal brief to ECAB on request for review. Your Brief should at miminum summarize factual and medical history; identify with specificity the exact issue(s) subject of review; present the legal arguments. regulations, and caselaw supporting your argument as regards that specific issue; identify the relief requested.
2. Attempting to present or argue new or additional evidence to ECAB. Once again; no new additional evidence is permitted at ECAB. The review is limited to the record as you have made it with the OWCP. If it ain't in the record with OWCP, you cannot argue it at ECAB.
3. Filing a request for review with ECAB in the first place. If you did not get in your proper evidence, arguments and objections at the OWCP level: STOP! Do not pass go! Do NOT proceed to ECAB (unless you have no choice and have already exhausted all other appeals.) Go back to OWCP, file a request for reconsideration and take that entire year to obtain and file all the new additional evidence, medical and otherwise you need to prove your case. If then denied again, then proceed to ECAB with a complete record.
4. Expecting ECAB to be impartial. ECAB is not impartial; it is a division of the USDOL/ESA.
5. Expecting ECAB to be sympathetic and emotional. ECAB is an administrative board; another level of federal bureacracy. Showing emotion (i.e., pleading sympathy such a how poor one is, how badly one has been treated, how terrible your medical problems are, etc etc) will get you a shrug of the shoulders at best from ECAB. ECAB looks and expects arguments based on errors of law and fact. Emotional pleas will get you nowhere and may even harm your appeal. ECAB reviews thousands of claims; seeing that a claim is simply an emotional appeal rather than a legal/factual appeal will cause that appeal to be quickly skimmed over for review, if at all.

Oni..I went to the DOL site and read in the CA-810 about reimbursement for travel..but it doesnt give a timeframe. where does it say 3 years? Anyone?

I filed for Social Security and now I need to file for medical disability retirement from the PO..To be really honest..I'm scared..Of what? being denied..but I started the ball rolling by filing with them first..

The pros of filing?...To also file for the schedule award..to be rid of OWCP and that stress..

The cons of filing?...maybe someone can fill this in for me..

I'm having a hard time doing this..If owcp boots me then I have no SA coming correct?

Thanks everyone..

Thanks for responding in message #11261....I know they will try to find me a job in the private sector...but really who will hire a 55 yr. old man who limps....has 3 herniated disks in his back and 2 in his neck...I have had 25 sets of injections...which work long enough for me to make it at the Post Office for a couple of months....then what about all the medications that I take...who in their right mind would hire me? Hopefully I can hang in there and work another yr. before I have to retire....as slow as the Post Office usually is I may have that long....just need a little moral support from some one who has been thru this reacessment process...Thanks

thanks cdoane last yr I told my ce about them not taking out the health benefits he contacted the p.o about it n didnt take any health benefits out . when I contacted human resources about it they said they pay up till 365 days n bill me at the end n transfer it over to owcp but I guess they didnt transfer the health form to owcp. I hope they reactivate the health coverage to pay the doctors bills

Thanks alot CDoane and Handling It.

-Since my DOI was Feb 2007, then I can submit for mileage reimbursement up until Dec 2008, right?

-I will make sure that when the doctor finally get approval for surgery that I look into getting MMI filed before a year has passed, right?

-Thanks, again!