LAW OFFICE NOTES OF JAMES R. LINEHAN P.C.
April 5, 2007
Issue: 1
Welcome from Jim Linehan
 
Greetings!
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FEDERAL AGENCY MANAGERS DIVVY UP BILLIONS IN CASH TO EACH OTHER
While the USDOL Assistant Secretary of Labor Shelby Hallmark and the White House now stand accused of secretly scheming to limit desperately needed federal compensation benefits to thousands of sick and dying federal workers and their families (Rocky Mountain News 03/10/07) the United States Office of Personnel Management (OPM) reports that in 2006 alone, federal agencies divvied up $1,100,000,000.00  (that is over one billion cash) to federal employees in cash awards. ( Federaltimes.com 02/16/07)  The stated purpose of these cash handouts between federal agency managers and employees was allegedly to reward those agency managers for their high performance in processing among other things, federal compensation benefits to sick and dying workers and their families.  The exact source of the funding for these cash handouts inside federal agencies could not be ascertained.  US Congressman Mark Udall (D. Col.) is reported to be leading the investigation into the Hallmark-White House scheme, however recent inquiries to his office regarding the investigation were not answered.
 
IS A DISEASE SUCH AS DIABETES A FEDERAL WORKERS' COMPENSATION CLAIM?
Diabetes in itself is not a compensable disease for federal workers' compensation purposes. However if the worker can show that his diabetes was caused by or aggravated by a compensable injury, then the diabetes itself may be compensable.  For example: a workers suffers a severe knee injury that leads to a sedentary lifestyle that in turn leads to increased weight and development of diabetes.  He presents medical evidence that directly relates the development of diabetes due to the change in lifestyle caused by his compensable knee injury.  The diabetes that developed as a consequence can be considered compensable. (ECAB 93-1596)  However the claim for the diabetes must be filed within 3 years of the date he became aware of the link between his diabetes and his original injury. (ECAB 96-2061)
HOW TO OBTAIN A COPY OF YOUR CLAIMS FILE FROM THE SSA



In the recent past claimants who filed for disability benefits with the Social Security Administration were all but denied any access to their own claims files held in the SSA offices. 

That is slowly changing.

Every claimant appearing before the SSA needs to have access to his or her claims file in order to see what records the SSA has, or does not have, in the file.  Now there is an "official"  consent for release of information form offered by the SSA to claimants. 

Claimants need to complete and sign a SSA Form 3288 and provide that form to the SSA office holding their file.  Once submitted, the SSA is supposed to produce a copy of their file either in paper form or on CD ROM. 

The 3288 form is now available online by clicking here: http://www.ssa.gov/SSA_Home.html and then clicking on "Forms". 

Simply type in the number 3288, complete and print out the form and hand it to your SSA office to obtain a copy of your claims file.
 
CALL 1-800-266-9535 NATIONWIDE TOLL FREE
James R. Linehan PC

Trying to understand the laws and regulations surrounding disability benefits can be incredibly confusing for the layman. It's almost impossible unless you have devoted your education and career to understanding this specific niche. If you want to cut through the all the confusing obstacles that stand in your way, give the offices of James R. Linehan a call as soon as possible. If too much time passes, you could miss out on your Social Security Disability, Federal Workers Compensation OWCP, or OPM medical retirement benefits.  Simply click here for more information: James R. Linehan PC