INJURED US CONGRESSMAN TOLD TO GET IN LINE FOR HIS OWCP CLAIM

Federal employees injured, diseased or killed on the job are limited by federal law to one remedy: they must file their claim with the USDOL Office of Workers' Compensation Programs (OWCP).
A US Congressman recently injured on his job apparently has been startled to learn that he does not stand above or any different from any other common federal employee.
US Congressman John Sullivan (R - Oklahoma) was injured in a vehicle accident while serving in his federal job. Apparently under the belief that the woefully bureaucratic OWCP system was not for himself or others of similar high status, Congressman Sullivan chose instead to directly sue the United States in federal court for compensation of his injuries.
The Federal Court was unpersuaded by his lofty status as a Congressman. The federal court promptly dismissed the Congressman's lawsuit and sent him packing back to the OWCP for compensation on his injury claim. Click here to read the Court Order: Sullivan v. United States of America, D.D.C. Civil Action No. 05-1418 (CKK), 4/13/07.
The Federal Court ruled that not withstanding the Congressman's personal complaints that he "has not received a penny to date" from OWCP for his injuries, federal law mandates that the OWCP bureaucracy is the exclusive remedy for federal employees injured on their federal jobs.
As such, Congressman Sullivan, must dutifully get in line with the hundreds of thousands of other injured, diseased and dying federal employees and wait his turn for compensation from the OWCP just like everybody else.

FEDERAL LAW REQUIRES SUPERVISOR COMPLIANCE OR FACE JAIL TIME

It is a common complaint heard from federal employees. Their Agency supervisors refuse to file their claims for injury compensation. Some federal supervisors have even been known to shred and destroy employee's claims submittals. If this happens to you, the law is clearly on your side. Keep it and use it.

Title 18 USC Sec. 1922

Whoever, being an officer or employee of the United States
charged with the responsibility for making the reports of the
immediate superior specified by section 8120 of title 5, willfully
fails, neglects, or refuses to make any of the reports, or
knowingly files a false report, or induces, compels, or directs an
injured employee to forego filing of any claim for compensation or
other benefits provided under subchapter I of chapter 81 of title 5
or any extension or application thereof, or willfully retains any
notice, report, claim, or paper which is required to be filed under
that subchapter or any extension or application thereof, or
regulations prescribed thereunder, shall be fined under this title
or imprisoned not more than one year, or both.

SSA RELEASES 2006 CASE STATISTICS

Th

The Social Security Administration Office of Disability Programs reports that in 2006.

2,482,870 claims for disability were filed.

Of those millions of claims, more than 72% were immediately denied by the SSA local offices.

Of those millions denied claims, (over 1,787,000) more than 1.2 million claimants simply gave up and dropped their disability claims.

Of the approximately 550,000 claimants left who did not drop their claim but continued to appeal, more than half or approximately 341,000 claims were then approved for payment by an SSA Judge.

Of the more approximate 209,000 claims still denied, only slightly less than 13,400 continued to appeal to federal court where once again over half the claims were then either awarded for payment or sent back for a rehearing.

Lesson learned:

For SSA disability claimants; the SSA will deny more than 72% of claims filed. However for those claimants who refuse to give up and continue their appeals up to and including federal court, more than one of every two previously denied claims will be awarded benefits or sent back for rehearing.

SSA REVIEW UNDERWAY IN CONGRESS

The SSA reviewed itself before the US Congress on February 14, 2007. The news was not surprising. Committee Chairman Rep. Michael McNulty (D-NY) described the current situation within the SSA disability claims handling process as "unacceptable" noting that delay by the SSA in processing disability claims is "the number one problem".

SSA Commissioner Michael Astrue agreed and testified that he expects the SSA's level of service under his command to "diminish" even further in 2007 with increasing backlogs. Commissioner Astrue himself described the SSA as "demoralized" with some SSA offices as "well run" while many others are not.

The average wait time now for a disability claim to be processed is over two and one-half years in some SSA offices; nearly twice as long as processing times in the year 2000. Note should be made that these are just the "average" wait times. The "actual" time to process a claim through completion is even longer. The number of claims waiting to be heard at the SSA will be over 752,000 this year; twice the amount pending before the SSA in 2000. If you would like to watch the progress of the review of the SSA, click here.

US ATTORNEY DROPS ALL FRAUD CHARGES AGAINST CURRENT SSA JUDGE AND EMPLOYEES

Previously I had brought you news of the criminal investigation of a SSA Judge and SSA employees who had wrongfully used the testimony of one single social security vocational expert over and over again in hundreds and hundreds of other unrelated disability claims. The accused SSA Chief Judge Michael Johnson of the Kansas City region has since died. However the four SSA employees accused of helping the Judge remain on the job in the Des Moines Iowa SSA office: a sitting Judge, a Hearing Office director, and two SSA attorneys. Initial investigation by the Office of Inspector General (OIG) found direct evidence of fraud by the SSA in processing those SSA disability claims.

The OIG recommended imposing penalties of over $3.8 million against the SSA employees. The OIG found there was sufficient evidence of false representation by the SSA and recommended prosecution by the US Attorney office. The OIG then referred the matter for criminal prosecution to the US Attorney.

This year the US Attorney office and OIG, announced with no further explanation, they have dropped all charges and criminal fines and actions against the four SSA employees. No further action will be taken. In regard to the hundreds of disability claims that were involved, the SSA investigated itself on those claims and determined there was no need for the SSA to reopen any of the claims.

FEDERAL AGENCY MANAGERS DIVVY UP BILLIONS IN CASH TO EACH OTHER

While the USDOL Assistant Secretary of Labor Shelby Hallmark and the White House now stand accused of secretly scheming to limit desperately needed federal compensation benefits to thousands of sick and dying federal workers and their families (Rocky Mountain News 03/10/07) the United States Office of Personnel Management (OPM) reports that in 2006 alone, federal agencies divvied up $1,100,000,000.00 (that is over one billion cash) to federal employees in cash awards. ( Federaltimes.com 02/16/07) The stated purpose of these cash handouts between federal agency managers and employees was allegedly to reward those agency managers for their high performance in processing among other things, federal compensation benefits to sick and dying workers and their families. The exact source of the funding for these cash handouts inside federal agencies could not be ascertained. US Congressman Mark Udall (D. Col.) is reported to be leading the investigation into the Hallmark-White House scheme, however recent inquiries to his office regarding the investigation were not answered.

IS A DISEASE SUCH AS DIABETES A FEDERAL WORKERS' COMPENSATION CLAIM?

Diabetes in itself is not a compensable disease for federal workers' compensation purposes. However if the worker can show that his diabetes was caused by or aggravated by a compensable injury, then the diabetes itself may be compensable. For example: a workers suffers a severe knee injury that leads to a sedentary lifestyle that in turn leads to increased weight and development of diabetes. He presents medical evidence that directly relates the development of diabetes due to the change in lifestyle caused by his compensable knee injury. The diabetes that developed as a consequence can be considered compensable. (ECAB 93-1596) However the claim for the diabetes must be filed within 3 years of the date he became aware of the link between his diabetes and his original injury. (ECAB 96-2061)

HOW TO OBTAIN A COPY OF YOUR CLAIMS FILE FROM THE SSA

In the recent past claimants who filed for disability benefits with the Social Security Administration were all but denied any access to their own claims files held in the SSA offices.

That is slowly changing.

Every claimant appearing before the SSA needs to have access to his or her claims file in order to see what records the SSA has, or does not have, in the file. Now there is an "official" consent for release of information form offered by the SSA to claimants.

Claimants need to complete and sign a SSA Form 3288 and provide that form to the SSA office holding their file. Once submitted, the SSA is supposed to produce a copy of their file either in paper form or on CD ROM.

The 3288 form is now available online by clicking here: http://www.ssa.gov/SSA_Home.html and then clicking on "Forms".

Simply type in the number 3288, complete and print out the form and hand it to your SSA office to obtain a copy of your claims file.