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LAW OFFICE NOTES
September 24, 2008
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James R. Linehan PC
7301 Ranch Road 620N
155-328
Austin, Texas 78726
800-266-9535 TOLL FREE
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Greetings!
It is time again to answer some common questions that are routinely asked by claimants in their Veterans disability, federal workers' compensation, medical disability retirement and social security disability claims. If you have a specific question you for which you would like an answer, please feel free to contact me directly.
Sincerely,
Jim Linehan
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I was injured on the job as a federal employee. My doctor rated my injury at 40% to the whole body. Now OWCP says they will not recognize such a rating and will not pay me any compensation for my rating. Is that true?
Yes. There are no such things as "whole body" ratings in federal workers' compensation claims. FECA-PM 03-0700. OWCP will only recognize ratings made to specific body parts and members.
So is it also true that the OWCP will not award me final compensation for any permanent impairment to my back?
Yes....and.... No. The OWCP does not recognize the spine, the heart nor the brain as vital organs of federal employees and does not allow for final scheduled awards for those specific body parts and organs. However, if the injury to the back, for example, results in permanent impairment to other listed body parts, such as arms or legs, then yes, you can receive a scheduled award for those listed body parts as direct result of the accepted injury to your unlisted back.
I went to my social security disability hearing and the SSA Judge said I was not disabled because there were other jobs I could do despite my impairments. Nobody will hire me for such jobs and those jobs can't be found anywhere. Can the SSA Judge do that?
Yes. Under social security rules you bear the burden to prove that you are not working, that you have severe impairments and that those impairments keep you from doing your past work. The burden then shifts to the SSA to prove that you still have the capacity to do other work, and if so, then you are not disabled. The SSA will use a list of jobs posted by the US Department of Labor to find a selection of jobs you have the capacity to do. The fact that those "other" jobs do not exist in reality, that you cannot find them in real life or that nobody will hire you, is not relevant. The issue is your hypothetical "capacity" to do those other jobs.
But if I can prove to the SSA Judge that I cannot even do any other of those jobs, should I be given my disability?
Yes. At the hearing you will be provided opportunity to show, by medical evidence or testimony, that due to your severe impairments you cannot do any of the other jobs that the SSA lists. If the SSA Judge agrees, then you should be awarded benefits.
I applied for SSA disability more than 3 months ago. How long will it take the SSA to give me a hearing on my disability claim?
The SSA is not a fast process. The answer depends on where you live. On average the SSA will take two years from the date you first apply for benefits before you receive a hearing date. However, some locations are faster while some locations take much much longer.
Is there anyway I can speed up this process?
Yes. The SSA now provides online filing for disability benefits and online filing of appeals as well as online filing of medical records from your doctors and hospitals. By filing online you will likely be ahead of those who are filing by snailmail or in person. Click here for online filing instructions with the SSA.
I am a soldier who is still currently in active service. I was just injured while on patrol. Can I apply for service-connected disability benefits while still in active duty?
No. VA Service-connected disability benefits are for "veterans". In general, a veteran is defined as someone was in active service and then discharged under conditions other than dishonorable. 38 USC 101(2)
I am a veteran who was honorably discharged years ago. While I was in active duty, but on leave, I permanently injured my shoulder while playing soccer. Am I entitled to service-connected disability benefits?
Yes. For service-connected disability you must show that the injury was suffered in the "line of duty". The "line of duty" definition covers literally any events that occurred from the date you were inducted into service until you were discharged. There is no requirement that you must connect your injury to the performance of actual military duties. 38 USC 1110
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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
Veterans Disability,
Social Security Disability,
Federal Workers Compensation OWCP,
or
OPM medical retirement benefits.
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For your convenience and quicker
communications, Click here oovoo and download this free program. It will only
take a minute. Once downloaded to your
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and transfer any documents or files (if you have them scanned into electronic
format) directly and immediately to me through oovoo and you will also be able
to talk with me "live" with full video and audio!
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