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Jim Linehan
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. |
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Greetings!
How do I file for social security disability? Federal workers compensation? Veterans Disability? Federal medical disability retirement? Very good questions that are routinely asked by many people everyday. Read on to learn how to file for these claims. |
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HOW DO I FILE FOR SOCIAL SECURITY DISABILITY?
The more important question on social security disability is "when" do you file. Unknown to almost everyone is that the SSA has a deadline running on your disability claim. That deadline to file for disability is different for each person. The deadline is called your date last insured or "DLI". The first thing you need to do is find out your DLI. You can do this by visiting your local SSA office and asking for your DLI. If your DLI has expired (and the SSA will not warn you of this) you could be out of time to file your disability claim.
Once you have your DLI, then you can easily file on line at ssa.gov and click on the "disability benefits" button. The online application will lock in your application. You will then go through a series of questions. You must be 18 years or older. You must have worked at least 5 out of the last 10 years. You reside in the US or territory. And you must not be working or you must be expected to be unable to work for at least 12 months. Be prepared by having a list of all your jobs, addresses and dates of employment for the past 15 years, a list of all your treating doctors, hospitals, and clinics with addresses and telephone numbers and a description of what all impairments you are claiming that keep you from working and the date you claim you become disabled. Filing on line will generally help you get through the process faster than by waiting in line at a local SSA office.
I can help you apply on line, simply call or email me. |
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HOW DO I FILE FOR VETERANS DISABILITY?
Applying for veterans disability can be daunting and very confusing for almost everyone. The main problem with VA claims is that you may not have one single claim of disability as you would for social security. Instead the VA keeps adding on your claims separately. This means that if you start out claiming a back condition due to your service the VA will open a new claim for your back. Should you later develop a knee condition or flat feet due to your service connected back injury or if you find you have a hearing loss claim, the VA will then open a new claim for those each of conditions. You will then have multiple claims running with the VA each with multiple deadlines and hearings running that may overlap or conflict with each other even though you are the one and only veteran. Why the VA simply does not combine your claims into one ongoing claim for you with one set of deadlines and one hearing remains a mystery to all.
To apply for VA disability, the best way is to file your initial application on line at the VA Von-App site. You must of course be a veteran. You must have been discharged under other than dishonorable conditions. You must show you were injured in service, or that you are disabled due to your service, of that you were ill or diseased due to service or that you have a physical/mental problem that you can show is related to your military service. You will need your DD 214, your military service records showing dates and places of service, and your medical records. You will need your marriage certificates, divorce decrees, and children's birth certificates. You will fill out VA Form 21-526. You can apply at any time and as noted above as often as necessary for each condition as you discover them.
Feel free to call me at 1-800-266-9535 toll free if you have questions about your VA claim. |
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HOW DO I FILE FOR FEDERAL WORKERS' COMPENSATION?
Federal workers' compensation is run by the USDOL Office of Workers' Compensation Programs "OWCP". This is the compensation program for federal employees who are injured, diseased or killed on their federal jobs.
The first thing you must do is find out if you are a federal employee and working for what specific agency. Surprisingly it is very common for federal employees to work for decades and never know what specific federal agency they work for or what type of federal employee they are. Next determine what type of claim you are going to file. A traumatic claim is filed on a CA1 form. A traumatic injury is basically a one-time event, such as a fall or being struck by an object. You have 30 days to give notice to your agency of your injury and 3 years from the date of the event to file your injury claim. On the other hand if your claim is for a recurring disease such as carpal tunnel syndrome you will an occupational illness claim on a CA2 form. You have 3 years from the date of last exposure or date you were first aware of the disease and its connection to your job to file your illness claim. All claims must be filed through your supervisor at your correct employer agency. As the claimant you are 100% responsible to determine the proper claim type, get the proper forms, and to file the claim in the proper format with your proper agency within the correct time period. Your federal employer and the OWCP are under no obligation to help you, assist you, guide you, or provide you any information or forms on filing a federal workers' compensation claim and generally will not.
if you need help or assistance on filing your OWCP claim feel free to contact me. |
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HOW DO I FILE FOR MEDICAL DISABILITY RETIREMENT?
Medical disability retirement is a federal program that pays an annuity to federal employees who are no longer able to do their assigned jobs because of mental and/or physical reasons. It is run by the Office of Personnel Management and is commonly called "OPM disability". Although OPM disability can be one of the less difficult programs to qualify for, the OPM itself is the least accessible of all federal agencies to deal with as a claimant. Finding telephone numbers, addresses, or even anyone connected to OPM to help you on your claim is virtually impossible.
The key item on every OPM disability claim is filing. You must file for OPM disability before one year has expired since your date last on the roll as a federal employee. There is no leeway; filing one day late will not generally be excused and any filing out of time will result in a permanent loss of your OPM annuity regardless of how much money you had paid into your OPM account. To file for OPM disability, you must submit a SF 3107, and SF 3112 and if under age 62, proof that your have applied for SSA disability. You must prove that you are unable to perform your assigned federal job and that your federal agency cannot accommodate you or re-assign you to other work. You submit your completed forms to your supervisor if within 30 days of separation, otherwise directly to OPM.
If you have questions on your OPM disability claim, please call me.
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