Greetings!
A US Congressman's plea to avoid the OWCP process falls short, while supervisors who fail or refuse to file OWCP claims could fall into jail.
For more information, read on.
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INJURED US CONGRESSMAN TOLD TO GET IN LINE FOR HIS OWCP CLAIM
Federal employees injured, diseased or killed on the job are limited by federal law to one remedy: they must file their claim with the USDOL Office of Workers' Compensation Programs (OWCP).
A US Congressman recently injured on his job apparently has been startled to learn that he does not stand above or any different from any other common federal employee.
US Congressman John Sullivan (R - Oklahoma) was injured in a vehicle accident while serving in his federal job. Apparently under the belief that the woefully bureaucratic OWCP system was not for himself or others of similar high status, Congressman Sullivan chose instead to directly sue the United States in federal court for compensation of his injuries.
The Federal Court was unpersuaded by his lofty status as a Congressman. The federal court promptly dismissed the Congressman's lawsuit and sent him packing back to the OWCP for compensation on his injury claim. Click here to read the Court Order: Sullivan v. United States of America, D.D.C. Civil Action No. 05-1418 (CKK), 4/13/07.
The Federal Court ruled that not withstanding the Congressman's personal complaints that he "has not received a penny to date" from OWCP for his injuries, federal law mandates that the OWCP bureaucracy is the exclusive remedy for federal employees injured on their federal jobs.
As such, Congressman Sullivan, must dutifully get in line with the hundreds of thousands of other injured, diseased and dying federal employees and wait his turn for compensation from the OWCP just like everybody else.
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| FEDERAL LAW REQUIRES SUPERVISOR COMPLIANCE OR FACE JAIL TIME
It is a common complaint heard from federal employees. Their Agency supervisors refuse to file their claims for injury compensation. Some federal supervisors have even been known to shred and destroy employee's claims submittals. If this happens to you, the law is clearly on your side. Keep it and use it.
Title 18 USC Sec. 1922
Whoever, being an officer or employee of the United States
charged with the responsibility for making the reports of the
immediate superior specified by section 8120 of title 5, willfully
fails, neglects, or refuses to make any of the reports, or
knowingly files a false report, or induces, compels, or directs an
injured employee to forego filing of any claim for compensation or
other benefits provided under subchapter I of chapter 81 of title 5
or any extension or application thereof, or willfully retains any
notice, report, claim, or paper which is required to be filed under
that subchapter or any extension or application thereof, or
regulations prescribed thereunder, shall be fined under this title
or imprisoned not more than one year, or both.
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SSA RELEASES 2006 CASE STATISTICS
The Social Security Administration Office of Disability Programs reports that in 2006.
2,482,870 claims for disability were filed.
Of those millions of claims, more than 72% were immediately denied by the SSA local offices.
Of those millions denied claims, (over 1,787,000) more than 1.2 million claimants simply gave up and dropped their disability claims.
Of the approximately 550,000 claimants left who did not drop their claim but continued to appeal, more than half or approximately 341,000 claims were then approved for payment by an SSA Judge.
Of the more approximate 209,000 claims still denied, only slightly less than 13,400 continued to appeal to federal court where once again over half the claims were then either awarded for payment or sent back for a rehearing.
Lesson learned:
For SSA disability claimants; the SSA will deny more than 72% of claims filed. However for those claimants who refuse to give up and continue their appeals up to and including federal court, more than one of every two previously denied claims will be awarded benefits or sent back for rehearing.
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