Law Office Notes of James R. Linehan PC
November 2009
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New Bill to Aid Vets Hurt by Agent Orange - By Land & Sea

Bobby Condon was a young kid from Flatbush when he enlisted in the U.S. Navy to fight in the Vietnam War.
Nicknamed "Brooklyn" by fellow soldiers, Condon, now 63, has developed an Agent Orange-linked cancer - but was denied coverage by the Veterans Administration because he never set foot in Vietnam.
"I would have flown to Saigon and put my feet on the ground for 30 minutes [had I known]," said Condon, a flight operator on the USS Intrepid who last year was diagnosed with chronic lymphocytic leukemia (CLL), an incurable form of cancer. "But I was denied and I didn't get nothing."
This week, Sen. Kirsten Gillibrand will introduce legislation that will require coverage for the estimated 800,000 nationwide "blue-water vets," like Condon, who have illnesses linked to Agent Orange exposure but never set foot in Vietnam.
"Because of technicality in the law, hundreds of thousands of American veterans are being denied the health care benefits they need and deserve," said Gillibrand, adding there are about 13,500 such veterans in New York State.
The U.S. military dumped nearly 20 million gallons of the deadly herbicide to remove foliage during the Vietnam War. In 1991, Congress passed legislation requiring the VA to cover all sicknesses linked to Agent Orange exposure. But in 2002, the VA changed its policy to cover only those veterans who had "boots on the ground," excluding sailors and pilots such as Condon.
"I didn't even hear about Agent Orange until I came back," said Condon, who believes he got sick from working on planes that were flown through Agent Orange drop zones.

A spokesman for the VA wouldn't comment on pending legislation.

BY Jake Pearson
DAILY NEWS WRITER
Wednesday, October 28th 2009
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Greetings!

Trying to find out what happened or is happening with your federal claim for SSA or VA benefits in now a constant concern across the nation.  Is anyone working there?  At the same time we successfully showed that despite the government's claim otherwise, a client was actually working and employed by the government for years.   Confused?  Read on for more detail.
Hello?  Anybody Working Here?  Hello.....?

Have you tried to call social security lately about your disability claim?  Are you a veteran trying to find out about your military benefits?  Or perhaps you are a injured federal employee trying to find out what happened to your workers compensation payments.

No matter, as probably you are one of millions of American veterans, federal employees or social security claimants who now seem to be left on permanent "hold" when calling in to the VA, the USDOL or the SSA to ask about your claim. 

The most common questions being asked repeatedly by Americans across the board of federal agencies appears to be

"Hello...is anyone here?  Is anyone working?  Can someone help me....please?  Anyone....?"

The reason you and millions of others are asking this question is likely because there is in fact nobody in charge at these and many other federal agencies. 

According to USA Today (11/10/09), almost 200 top positions for the VA, USDOL, SSA, etc. remain vacant and waiting for someone to be placed in charge by the current Administration.  

As Mexican drug cartels battle wars on our borders, there is no one in charge at either the Drug Enforcement Agency (DEA) or over at the ATF.  As a nationwide health care reform bill is waged in Congress directly impacting  Medicare and Medicaid, 95 million Americans enrollees in those programs programs are left wondering what will happen to their benefits as no one is in charge at either agency.

At the SSA twenty top positions remain vacant waiting leadership as the SSA reports that pending claims now are piling up in the millions. 

At the VA fifteen top jobs need filling as the VA is crushed under an onslaught of unresolved claims that have waiting times now being measured in years and decades.

Unless and until the Administration puts someone in charge to run these and other federal agencies, you are not alone in trying to find out what is happening with your federal claim. 

The lights may be on over in the Federal Building but nobody is home.
Meanwhile, "Hello!  Yes I am here and yes I am working...!"

While many government agencies appear to be foundering and lost without anyone working in the top positions, I am pleased to announce that over in the USPS, we were successful in proving that someone was actually employed and working there. 

It only took the government four years to recognize it.

In this federal workers' compensation claim,  the postal worker was injured on her job in 1997.  She promptly filed for and was approved for her federal workers compensation benefits.    She remained on the roll as an employee with the USPS while she recuperated from her injuries.  In 2005, the claimant returned to full time work with the USPS.

In 2006 the Office of Workers' Compensation Programs (OWCP) notified the claimant that her  federal workers' compensation benefits for her accepted on-the-job injuries were being terminated.  According to OWCP the reason why her benefits were being terminated was because the claimant....had not returned to work at the USPS.

We promptly notified the OWCP that the claimant had indeed returned to work at the USPS and had been working there full time since the prior year.  The OWCP refused to believe this.  We produced copies of paycheck records directly from the USPS.  The OWCP did not budge.  The USPS itself submitted affidavits stating that the claimant was employed and had been working there since 2005.  Still the OWCP turned a blind eye and insisted that the claimant had refused to return to work and was not employed by the USPS.

We then had to go through the OWCP appeals process including a final appeal to the Employees Compensation Appeals Board (ECAB) in Washington DC. 

Finally in October 2009 -- almost 4 years after she had returned to work at the USPS and more than 12 years after her original injury claim -- the ECAB finally recognized and agreed that the claimant had indeed returned to work and was employed by the USPS afterall.  The ECAB promptly ordered that the OWCP reverse its prior decision and to reinstate the claimant's benefits.

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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 Benefits, Social Security Disability, OWCP Federal Workers Compensation, or OPM medical retirement benefits.
Sincerely,
 

Jim Linehan

Call 1-800-266-9535 NATIONWIDE TOLL FREE