TEN COMMON “WORDS OF ADVICE” TO AVOID IN FEDERAL WORKERS COMPENSATION, FEDERAL MEDICAL DISABILITY RETIREMENT AND SOCIALS SECURITY DISABILITY CLAIMS

If you are one of the millions each year who file for social security disability (“SSA”), federal medical disability retirement (“OPM”) and federal workers’ compensation (“OWCP”) benefits you often face a bewildering array of agency rules, regulations and policies. You will more often than not, be offered by those same federal agencies, different forms of “advice” on how to best process your claim. More often than not, those tidbits of advice from the federal agencies themselves are very wrong and will only lead you to more problems and confusion.
Here are some common federal agency “words of advice” to avoid.

Advice: If you are federal employee injured on the job you must file for OPM medical disability retirement. Wrong. OPM medical disability retirement is a completely voluntary retirement program offered to federal employees. The current employee can voluntarily file for OPM at any time he or she so desires, if ever at all. The only statutory deadline is for those employees who are no longer on the roll as a federal employee. If they want to file for OPM, they must file before one year has passed since they were last on the roll as an employee.

Advice: If you are filing for social security disability you are not allowed to obtain copies of your file from the SSA. Wrong. Every SSA claimant is entitled by federal law to have an initial copy of their SSA file provided to them, free of charge, upon request. The request form is now available on line at www.ssa.gov as is labeled as SSA Form No 3288. Simply print it out, complete and submit to the SSA to obtain your file copy.

Advice: If you are injured on your federal job you must go to the doctor chosen by your federal employer for initial treatment. Wrong. Every federal employee who is injured on the job is granted by federal law the right to choose his or her own doctor for initial and continuing treatment.

Advice: If you are denied disability by the SSA judge then you have no chance of winning your claim. Wrong. 1 out of every 2 claims denied by SSA judges and appealed by claimants to federal courts were eventually overturned by federal courts.

Advice: If you as a federal employee file for OPM medical disability retirement then you do not need to file for SSA disability. Wrong. OPM claimants not only must file for SSA disability benefits but must also follow through with all appeal on their SSA claim when denied by the SSA. Failure to do so can result in a denial of their OPM claim.

Advice: If you are a federal employee who had an accepted OWCP claim from years or decades ago, you cannot file for a scheduled award now. Wrong. There is no time limit on when a claimant with an accepted OWCP can file for and receive a scheduled award for his injury; even if the initial injury claim dates back years or decades.

Advice: If you want to file for SSA disability benefits you must file at the local SSA office. Wrong. Any person who wants to file for SSA disability benefits can do so on line at www.ssa.gov

Advice: If you are hired by a private contractor to work in Iraq or other U.S. war zones, or if you are serving on a federal Grand Jury, or if you are member ROTC, or if you are a state policeman in pursuit of felon, you are not covered under OWCP. Wrong. Depending on the exact circumstances, these are all examples of “non-federal” employees who may be considered as “federal” employees and entitled to federal benefits if injured on the job.

Advice: If you are injured working on federal Indian lands for Indian Casinos, you are covered under federal OWCP. Wrong. Indian lands are sovereign nations. Employees of Indians tribes, casinos, lands must go to the courts of the Indian Nation in which they are employed for compensation when injure don their jobs on federal lands.

Advice: Once you are on OPM disability retirement you then cannot choose to receive OWCP benefits. Wrong. Federal employees who have both OPM and OWCP as ongoing accepted claims can choose which program (OWCP or OPM) they want to receive benefits at any time and as often as they so choose. They simply cannot receive both benefits at the same time.