|
|
|
LAW OFFICE NOTES
May 29, 2009
|
|
James R. Linehan PC
7301 Ranch Road 620N
155-328
Austin, Texas 78726
800-266-9535 TOLL FREE
|
|
|
|
|
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
|
|
|
I submitted a scheduled award rating request in my federal workers' compensation (OWCP) claim last year. That was under the 5th Ed. of the AMA Guide. OWCP has not issued a decision yet. Now OWCP says my 5th Ed. rating is not acceptable to them and has to be redone and resubmitted under the 6th Edition of the AMA Guides. The 6th Ed. Guide did not even exist when I was rated last year. And I may not receive as much compensation under the 6th Ed. as I would under the 5th Ed. Is what OWCP saying true?
Yes. The OWCP self-created policy that adopted the 6th Ed. effective May 1, 2009. That internal policy says that for all scheduled award requests that remain undecided by OWCP, then the 6th Ed. is to be used. The key issue is has OWCP issued a decision on your rating, not when you submitted the rating. Even if you timely submitted a rating under the 5th Ed. years ago, if the OWCP has sat on the claim and not issued a decision yet, then you have to start over with a new 6th Ed. rating.
I was in the military for 20 years. During training we had to run in combat boots. Now, years later after I was discharged, I have developed knee problems and may need a knee replacement. Do I have a claim for VA disability?
Very likely you do and you should file for same as soon as possible. Disability
compensation is a benefit paid to a veteran because of injuries or
diseases that happened while on active duty, or were made worse by
active military service. It is also paid to certain veterans disabled
from VA health care. The benefits are tax-free. You may be eligible for
disability compensation if you have a service-related disability and
you were discharged under other than dishonorable conditions.
Go here to begin the application process on line. You can apply by filling out VA Form 21-526. You will need to provide the following documents as well:
- Discharge or separation papers (DD214 or equivalent)
- Dependency records (marriage & children's birth certificates)
- Medical evidence (doctor & hospital reports)
I was injured in combat in Vietnam. I have been told I may be eligible for CRSC. What is that?
CRSC is "combat-related special compensation". To qualify for CRSC, you must have at least twenty years of
service in the uniformed services (or have been retired due to
disability - new since January 2008), be in retired status, be entitled
to receive retirement pay, and have a combat -related disability.
Title 10 USC 1413a defines " combat
-related disability" to mean "a disability that is compensable under
the laws administered by the Secretary of Veterans Affairs" and that
(1) "is attributable to an injury for which the member was awarded the
Purple Heart" or (2) is a disability that was incurred (a) "as a direct
result of armed conflict," (b) "while engaged in hazardous service,"
(c) "in the performance of duty under conditions simulating war," or
(d) "through an instrumentality of war."
You need to file DD form 2860 to claim CRSC.
My spouse died. He was a vet who was on VA disability for a service connected condition. The death certificate said he died due to a heart attack. Am I entitled to VA benefits?
Whether or not his accepted
service-connected disability contributed to his death is the issue. If your husband's death (as documented by autopsy and/or death
certificate) was due to one or more disabilities, diseases, or injuries
and that disability, disease, or injury was determined
to be a service-connected disability, disease, or injury then
entitlement to Dependency and Indemnity Compensation (DIC) is established.
You must
show that his accepted service connected disability contributed substantially or
materially; or that it combined to cause death; or that assisted in
leading to death. Title 38 CFR 3.312.
I was a federal employee. The agency terminated me two years ago because I was not able to physically do my assigned job. Am I entitled to OPM medical disability retirement benefits? I never filed for them.
The statute
governing disability retirement provides that benefits may be granted
"only if the application is filed with the Office before the employee . .
. is separated from the service or within 1 year thereafter." 5 U.S.C. §
8337(b)
You are out of time.
However there is an exception. Since you were fired because of your disability, the agency had to give you proper notice of the 1 year time limit. If the agency did not give you proper notice then you may still be entitled to file for OPM medical disability retirement. Click here to read a similar case.
I was just let go from my job. It has been two months and I cannot find work. I have a slight hearing loss, and I have diabetes, but not severe. Am I entitled to social security disability?
Probably not. Social Security pays benefits to people who cannot work because they
have a medical condition that is expected to last at least one year or
result in death. Your medical condition must significantly limit your ability to do
basic work activities-such as walking, sitting and remembering-for at
least one year. If your medical condition is not that severe, the SSA will not consider you disabled. Federal law requires a very strict definition of
disability. While some programs give money to people with partial
disability or short-term disability, Social Security does not.
I heard that because there will soon be so many retiring baby-boomers, there are going to be many vacancies in the government. So the Obama Administration wants to encourage retired federal workers to return to work. The proposed law is to re-hire retired federal workers part-time and allow those federal workers to work and to keep their federal retirement benefits. Is that true?
Yes. "Part-Time Reemployment of Annuitants Act of 2009" (S. 629) would allow
federal agencies to re-employ federal retirees on a limited, part-time
basis without an offset of their annuity from salary.
In other words, a
retired federal employee could collect his retirement annuity and a federal salary at the same time. there would be no offset.
However there is a hold-up.
The national unions representing federal employees themselves are blocking this proposed law. Why are these federal unions opposed to letting retired federal employees
earn extra and very much needed income? The unions claim that because retired federal
employees are not represented by federal employee unions and retired
federal employees will likely not become members if they come back to
work, then the unions will lose membership money if retired federal employees are allowed to return to work to earn needed extra income.
|
|
 |
 |
 |
|
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.
|
|
For your convenience and quicker
communications, Click here oovoo and download this free program. It will only
take a minute. Once downloaded to your
computer, add my name as follows: "jimlinehan" to your new ooVoo contact
list. You will then be able to upload
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!
|
|
|
|
|
|
|
|
|
