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OWCP case

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jesse slade View Drop Down
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Joined: 14 Aug 2008
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Post Options Post Options   Quote jesse slade Quote  Post ReplyReply Direct Link To This Post Topic: OWCP case
    Posted: 26 Jul 2010 at 11:25am
I would do exactly what Stapler suggests and the sooner the better.
 
Also, second opinions from your employer don't count. Have your doctor keep hammering the point in narrative reports. Make sure s/he's put in all the qualifications; background, who you work for, when you started working there, physical requirements of the job on the date of injury, exactly how the accident happened, what you were doing at the time of injury, exam results, test results, diagnosis and what your physical limitations are now because of the injuries...Yes, you actually have to tell OWCP who you worked for and what you were doing for them. Your doctor can't say things like might be, maybe, could be or things like there is "likely going to be more damage". Your doctor has to be sure what is wrong and how it happened or OWCP will determine you haven't met your burden.
 
You have to take a more pro-active approach...no one's going to do it for you. OWCP is not there to help you, the sooner you realize that the better. Once you get your file, look through it...see what's there and what's missing.
 
Start writing letters so you have a factual record and not what OWCP writes in their phone reports which will be lacking or let's call them misrepresentations. Send everything to OWCP delivery confirmation or certified mail return receipt requested...pick up extras so you can write that number on every piece of paper you send them...then they can't say they didn't get it or that you sent something but there's no proof of what it was.
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ChristopherLF65 View Drop Down
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Joined: 24 Jul 2010
Location: Indiana
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Post Options Post Options   Quote ChristopherLF65 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jul 2010 at 11:36am
Oh I have already involved Congressman Pence in this case doing exactly what you stated.  I also sent him my medical records and signed the release he asked for.  It was once he was involved that they stopped the "you need a second opinion but we're too busy to do the paperwork" crap.  Then they told him they'd have my case judged and such within 30 days.  

Well 30 days were up 11 July 2010 and after that date passed my CE , when she returned my call, told me she just noticed it was over the 30 days and would get it to her supervisor to judge the case.  
Now, why did they wait till the 30 days were up to actually get it to the next step instead of follow the deadline they had set is beyond me.  2 weeks past that deadline now and I just contacted my Congressman again , he's ( and his staff of course ) are very active in our area.

I've been reading over the forums, should I hold off on speaking with an attorney about the OSHA violation that ended up in my fall or do I have to chose between one , OWCP, or litigation?  Work place already admitted they had overlooked the 4 foot fall protection regulation and now everyone has to work under that regulation whenever they are on top of the aircraft.

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jesse slade View Drop Down
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Post Options Post Options   Quote jesse slade Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jul 2010 at 12:06pm

It's up to you whether or not you want to speak with an attorney. If you're going to hire one, make sure you do your homework since there are more bad ones than good ones especially when it comes to OWCP. Don't just believe what the attorney says, check them out at the ECAB level and see what their win/lose record is.

I don't know what litigation you're talking about, but OWCP is for your injuries that occured on the job. OSHA violations are covered under OSHA and have nothing to do with OWCP unless you get or have gotten something in writing regarding the violation, in which case you can submit it to OWCP with your medical evidence.
 
Keep checking the ACS web site http://owcp.dol.acs-inc.com/portal/  and see if there's movement on your case and keep your Congressman updated on the delay(s), I would also do this in writing so there's a record. 
 
OWCP makes their own deadlines. Only claimants actually have deadlines, so you have to do whatever you can to get attention...ie, your Congressman, letters. Once OWCp knows you're willing to take a pro-active approach, this can force them to do their job.
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ChristopherLF65 View Drop Down
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Joined: 24 Jul 2010
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Post Options Post Options   Quote ChristopherLF65 Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jul 2010 at 8:39am
Congressman Pence is sending a staff member to discuss my case tomorrow.  Now to make sure my paperwork is in order so it's not a mess to pull out and discuss!
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stapler View Drop Down
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Joined: 22 Mar 2010
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Post Options Post Options   Quote stapler Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jul 2010 at 9:09am
You're right to want to be organized for the meeting. I imagine their time will be limited and you want to hit the most crucial aspects of your case. I had a personal meeting with my rep. More than the beauracracy and endless paper trail, the thing you want to emphasize is the opinion of your doctor regarding the extent of your injures and treatment recommendations, along with the MRI reports and the length of time you've been lingering in the system, the minor accepted diagnosis code you've been given, etc. You want your rep to be outraged and to see just how unnecessary all the delays have been. Good luck with the meeting. Keep us posted.    
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jojo39 View Drop Down
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Post Options Post Options   Quote jojo39 Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jul 2010 at 1:28pm
jesse  how do you check for the win/lose record for attorneys 
we have one in mind for my husbands lung case, sure dont want to make a mistake
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N. Lightend View Drop Down
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Post Options Post Options   Quote N. Lightend Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jul 2010 at 9:29pm
I have to say I did all that.Clap I also was labled "Lumbar Strain." The famous MRI Thumbs Down sweared to it. After years and years of every test I had to follow the advice of an OWCP doctor. He told me to get a Discogram. They told me it was the most basic test, but a little Barbaric. They stuck me with about 8 needles numbing my back. They stuck a 22 guage  needle against each lumbar disc. Shocked "Is that familiar pain, LOL or unfamiliar pain?" Shocked (This was filmed by CT.) I said.... "famiar pain" 3 times after too many painful polks they found it. One"ruptured" and 2 herniated discs. I was told I needed surgery with nuts and bolts, but too much time had passed. 20% chance of recovery. OWCP insisted I merely had a "Lumbar Strain,"  so no authorization. available. Your Senator will be a dissapointment. Only a 4 hour Deposition, of my doctor by my lawyer did it. "The weight of the evidence in your file tilts the scales in your favor," was OWCP's written response. My lawyer got $400.00. He said.... "I don't know whether to rattle their cage to change your accepted condition. Being they accepted your causual Clown Mental Health  claim the scales should stay in your favor" If you want OWCP to change your accepted condition, they must tell the truth." We may want to do this for the "longrun" and calm, but we'll need more money."  For now I seek God's advice (he's real smart.) Big smile                                    
So again... 6 congessman were like parrots. What the OWCP said, the repeated with the same "Form Letter." We all have been cheeted by an unaccountable Let wisdom open your mind, and lead you where you deserve to be.
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ChristopherLF65 View Drop Down
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Post Options Post Options   Quote ChristopherLF65 Quote  Post ReplyReply Direct Link To This Post Posted: 18 Aug 2010 at 9:25am
At the moment I have my CE saying she was asked to do a final synopsis ( done now ) and her supervisor has to make the final call.

Any of that sound familiar to ya'll?  She , my CE, tells me she's been going to him daily to get him to finish.

They're now 40ish days past the 30 day deadline they gave to my Congressman and myself.
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Kilo View Drop Down
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Post Options Post Options   Quote Kilo Quote  Post ReplyReply Direct Link To This Post Posted: 18 Aug 2010 at 6:12pm
Christopher sorry it has taken you so long.  It actually took me 11 months to get a decision on my case through OWCP.... hang in there as long as you can.  It almost bankrupted me but it did catch up although it didnt cover the cost of my interest on my credit cards that I had to eventually live off of.  Be sure to fill out any forms they send you and make copies of them before you mail them...  Make sure you send them the forms also for reimbursement for travel and mileage for any appointments they schedule for you.
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ChristopherLF65 View Drop Down
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Post Options Post Options   Quote ChristopherLF65 Quote  Post ReplyReply Direct Link To This Post Posted: 18 Aug 2010 at 6:19pm
Thanks for taking the time to reply.  I'm coming up on 7 months and I will have to file bankruptcy when this is "caught" up.

Big chunk of change at the moment, so I'm trying to envision being happy once I get rolling on this!
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