Law Office Notes of James R. Linehan PC

ECOMP The website for injured federal employees

noreply@blogger.com (Jim Linehan) — Fri, 25 May 2012 08:18:11 PDT

Federal Employees and Contractors: If you are a Federal employee or a contractor who has sustained a work-related injury or illness, you may use this portal to report the incident or illness to your supervisor using OSHA's Form 301 (Injury and Illness Incident Report).

Federal Employees Only: If you are a Federal employee you may also file a claim for benefits under the Federal Employees' Compensation Act (FECA). You may initiate a new claim by filing either form CA-1 (Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation) or form CA-2 (Notice of Occupational Disease and Claim for Compensation). You may also file form CA-7 (Claim for Compensation) if you have an existing FECA case.
Enter ECOMP Portal here

When People Need Help Managing Their Money

noreply@blogger.com (Jim Linehan) — Fri, 25 May 2012 08:15:30 PDT

Social Security's Representative Payment Program provides financial management for the Social Security and SSI payments of our beneficiaries who are incapable of managing their Social Security or SSI payments.

Generally, we look for family or friends to serve in this capacity.

When friends and family are not able to serve as payee, Social Security looks for qualified organizations to be a representative payee.

http://www.socialsecurity.gov/payee/

Information For Government Employees

noreply@blogger.com (Jim Linehan) — Fri, 25 May 2012 08:15:40 PDT

Some Federal employees and employees of State or local government agencies may be eligible for pensions that are based on earnings not covered by Social Security.

If you didn't pay Social Security taxes on your government earnings and you are eligible for Social Security benefits, the formula used to figure your benefit amount may be modified, giving you a lower Social Security benefit.

Click here for more information

Disabled veterans in Texas fleeced by VA-appointed money managers

noreply@blogger.com (Jim Linehan) — Mon, 21 May 2012 06:22:32 PDT

The Veterans Affairs' Inspector General has repeatedly warned about a plague of fraud and theft in a national program that appoints family members and VA-approved fiduciaries to protect a whopping $3 billion in assets belonging to veterans the government considers too disabled to manage their own money.

In the past decade, twice as many Texans have been prosecuted for stealing from disabled veterans enrolled in the VA fiduciary program as in any other state, records obtained by theHouston Chronicle show. More than 20 veterans' family members and trusted members of the community - including a former police officer, a federal employee and optometrist - have been convicted and others, including two attorneys, face pending charges of stealing from disabled veterans whose assets they'd been assigned to protect, according to court records from across the state.

Read here for more information

NOT OUR PROBLEM SAYS FEDERAL COURT TO VETERANS ABOUT VA DISABILITY BREAKDOWNS

noreply@blogger.com (Jim Linehan) — Mon, 07 May 2012 18:35:23 PDT

COURT SAYS "NO" TO DISABLED VETERANS; VETS HAVE LITTLE TO NO FEDERAL RIGHTS

(05-07) 15:26 DT SAN FRANCISCO -- Claims of systematic delays and neglect in mental health care for the nation's military veterans are beyond the power of courts to address, a federal appeals court in San Francisco ruled Monday in ordering dismissal of a 5-year-old suit by veterans' groups.

At a trial in 2008, Department of Veterans Affairs documents showed that the system took an average of 4.4 years to review veterans' health care claims; that more than 1,400 veterans who had been denied coverage died in one six-month period while their appeals were pending; and that 18 veterans per day were committing suicide, far higher than the rate among the general population.

The veterans' claim that they should be allowed to hire lawyers and obtain evidence when appealing the denial of disability benefits would contradict the "non-adversarial system" established by Congress, the federal court said; thus denying disabled veterans a right of representation.
"The VA is just overwhelmed," the attorney said. Under Monday's ruling, he said, "you have no enforceable rights."

MAKING FALSE STATEMENT TO OWCP RESULTS IN PRISON

noreply@blogger.com (Jim Linehan) — Wed, 02 May 2012 07:50:51 PDT

Syracuse, NY -- A Fulton mail carrier and her husband admitted making false statements in order for the woman to get more than $300,000 in federal workers compensation benefits.

Tracey Raponi, 41, or Martville, pleaded guilty Monday in Federal Court in Syracuse to defrauding the U.S. Postal Department and the U.S. Department of Labor of $326,457.88 through false statements and representations to get compensation benefits, prosecutors said today.

Her husband, Gale Raponi, 56, of Martville, also pleaded guilty to making false statements in regard to his wife's employment status.

Tracey Raponi admitted she was working for Tuff-N-Uff Kennels, which is owned by her husband, during the time she was collecting workers compensation benefits.

Gale Raponi admitted that he told a special agent with the Labor Department that his wife had nothing to do with the kennel he owned. Tracey Raponi was involved at the kennels in a variety of jobs, federal prosecutors said.

Sentencing was set for Sept.12. Both Mr. and Mrs. Raponi face a maxium sentence of five years in prison, a $250,000 fine, a three-year term of supervised release and a special assessment of $100.

HOW MUCH WILL YOUR SSA BENEFITS BE? FIND OUT HERE.

noreply@blogger.com (Jim Linehan) — Wed, 02 May 2012 06:41:52 PDT

Now you can get your Social Security Statement online. It provides:

Estimates of the retirement and disability benefits you may receive;
Estimates of benefits your family may get when you receive Social Security or die;
A list of your lifetime earnings according to Social Security’s records;
The estimated Social Security and Medicare taxes you’ve paid;
Information about qualifying and signing up for Medicare;
Things to consider for those age 55 and older who are thinking of retiring;
General information about Social Security for everyone;
The opportunity to apply online for retirement and disability benefits; and
A printable version of your Social Security Statement. Get Your SSA Statement Here

GAO ISSUES WATCHDOG REPORT ON OWCP

noreply@blogger.com (Jim Linehan) — Tue, 01 May 2012 07:56:12 PDT

The GAO has issued its watchdog report on the USDOL OWCP federal workers compensation program finding that changes need to be made.
One finding: The OWCP could not properly manages OWCP claims and benefits because OWCP staffers assigned to work injury claims spent no more than 10% of their time actually working and managing federal injury compensation cases.

Watchdog report on OWCP

Injured Federal Workers's Compensation Records Stolen: Company Files Bankruptcy

noreply@blogger.com (Jim Linehan) — Tue, 01 May 2012 05:49:27 PDT

MARCH 15 -- Impairment Resources LLC, a company used by the Office of Workers' Compensation Programs to review claimants' impairment ratings , filed for bankruptcy protection earlier this week.

The company said that during a New Year's Eve burglary of its San Diego office, computer hardware containing claims information was stolen. The stolen data included the names, addresses, Social Security numbers, and medical diagnoses of about 14,000 claimants.

On Feb. 28, the company decided to file for Chapter 7 protection. The company said the "cost of dealing with the breach was prohibitive" and was the primary reason for the filing. It also said it shuttered its operations and terminated all staff.

Court papers listed Drs. Christopher Brigham and Craig Uejo as the company's directors.

The company asked the court to release it from the obligation to notify the 14,000 individual claimants of the filing. "The [company] does not have the resources to provide notice ... or even to determine who the potential claimants are," it said in court papers. It argued that customers, such as the OWCP, should notify the claimants.

Prior to the burglary, Impairment Resources reviewed medical records in workers' compensation and auto casualty claims on behalf of the OWCP and 600 other insurers, employers, and entities.

The Department of Labor's Office of Inspector General is investigating the data theft.

http://www.leagle.com/xmlResult.aspx?xmldoc=In FDCO 20120420B58.xml&docbase=CsLwAr3-2007-Curr

noreply@blogger.com (Jim Linehan) — Mon, 23 Apr 2012 05:48:48 PDT

HOLMES v. ASTRUE

MICHELLE LEE HOLMES, Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner Social Security Administration, Defendant.

No. CIV-11-838-W.

United States District Court, W.D. Oklahoma.

March 29, 2012.

Michelle Lee Holmes, Plaintiff, represented by James R Linehan, James R Linehan PC.

Michael J Astrue, Commissioner Social Security Administration, Defendant, represented byMichael A Moss, Social Security Administration-DALLAS.

REPORT AND RECOMMENDATION

BANA ROBERTS, Magistrate Judge.

Michelle Holmes ("Plaintiff") brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the Defendant Commissioner's final decision denying Plaintiff's application for supplemental security income payments under the Social Security Act. This matter has been referred to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Upon review of the pleadings, the record ("Tr."), and the parties' briefs, the undersigned recommends that the Commissioner's decision be reversed and the matter remanded in order that a consultative examination of Plaintiff's mental status can be conducted.

http://www.leagle.com/xmlResult.aspx?xmldoc=In FDCO 20120420B58.xml&docbase=CsLwAr3-2007-Curr

CONGRESS REVIEWS CHANGES TO FEDERAL WORKERS' COMPENSATION PROGRAM

noreply@blogger.com (Jim Linehan) — Fri, 20 Apr 2012 05:22:58 PDT

APRIL 19 -- Sen. Daniel Akaka, D-Hawaii, has again introduced an amendment to S. 1789, which is now being considered on the Senate floor, to change the bill's provisions that reduce benefits under the Federal Employees' Compensation Act.

The Akaka amendment would take out current provisions that eliminate the family supplement for FECA recipients, and reduce to 50 percent of salary benefits to those in the program who have reached retirement age. Instead, the amendment substitutes the provisions of H.R. 2465, which has already passed the House. Those provisions would:
· Increase benefits for certain serious disfigurements, as well as establish eligibility for FECA benefits for disabilities or death resulting from terrorist attacks. The bill also allows for payments of up to $6,000 for the funeral expenses of federal employees who die as a result of injuries sustained in the line of duty.
· Allow the Labor Department to require that FECA claimants consent to a release by the Social Security Administration of the employee's earnings information.
· Expand the pool of medical providers to help those needing rehabilitation to include advanced practice nurses and physician assistants.

Akaka also proposed the amendment during the Senate Homeland Security and Governmental Affairs Committee markup of the bill, but it was defeated on a bipartisan vote.

Senate begins looking at FECA changes

APRIL 17 -- Sen. Susan Collins, R-Maine, emphasized the need to improve the federal workers' compensation program as the Senate began debate over legislation that would revise the Federal Employees' Compensation Act and make fundamental changes to the Postal Service.

The Senate began consideration of S. 1789, after easily approving a cloture vote to allow for debate on the measure itself. But a fight over relevant amendments sidetracked consideration of the measure today, and leaders from both parties expressed concern it may take at least a few days longer to bring the bill up for a vote.

Collins, one of the measure's sponsors, noted that many of the bill's changes -- including reducing maximum benefits and cutting benefits at retirement age to 50 percent of pre-injury salary -- are similar to provisions recommended by the Obama administration. Collins also expressed support for provisions designed to reduce fraud by allowing for agencies to require an independent medical assessment of disabilities and return-to-work potential.

Regarding changes to the Postal Service, the bill would:
· Require arbitrators to take into account the financial condition of the Postal Service when considering contract disputes.
· Transfer overpayments made to the Federal Employees' Retirement System back to USPS, which would use the money to pay the cost of voluntary separation incentive payments for postal employees who separate from service before Oct. 1, 2014. Collins estimated this could help reduce the USPS payroll by up to 100,000 employees.

Both Collins and Sen. Joe Lieberman, I-Conn., one of the bill's other sponsors, emphasized their opposition to the proposals by the postmaster general to quickly shut down hundreds of post offices and mailing processing centers, as well as ease service requirements. Lieberman expressed hope that the Senate could act quickly to consider amendments and vote on the bill this week.

Federal Courts Throw Out SSA Denials

noreply@blogger.com (Jim Linehan) — Fri, 13 Apr 2012 15:13:39 PDT

By its own statistics the Social Security Administration will deny up to 93% of administrative appeals of disability claims. So how important is it to keep going with your appeal of your denied disability? Very important as you can see below. Read on for more detail!

UNREPRESENTED CLAIMANT REFUSES TO GIVE UP

AND GETS REVERSAL OF PRIOR DENIAL OF HER SSA DISABILITY CLAIM AT FEDERAL COURT

Repeated Denials by the SSA Leads to This Office For Federal Appeal Help

In this client's case; she had applied for social security disability claiming that rheumatoid arthritis in her spine kept her from being able to do any work at all. The SSA denied her claim. She appealed and the SSA denied her again. She appealed and asked for a hearing in front of a SSA Judge. She was given her hearing and appeared on her own in front of the SSA Judge. The SSA Judge then denied her claim. She appealed that denial and was denied again by the SSA. Finally she was ready to go to federal court on her claim and asked for help from this office. I agreed to represent her on her federal appeal. On her federal appeal I argued that the Social Security judge made an error in failing to order a consultative mental examination for this claimant. In addition to what she perceived as her rheumatoid arthritis, the medical records also showed that she was suffering from mental impairments including depression. She did not know that she should have raised her claim of mental impairments to the Social Security Judge, or even how to do so. As a result the SSA Judge basically ignored them. That was error. On appeal I argued that Social Security regulations provide that the agency will use a consultative examination to secure needed medical evidence the file does not contain such as clinical findings, laboratory tests, a diagnosis or prognosis necessary for decision. The SSA Judge should have ordered a consultative mental examination for the claimant to fully determine the extent of her impairments, mental and physical. Since he did not order a consultative mental examination, the record was incomplete and the claim needed to be heard again. The Federal Court fully agreed with my argument, reversed the SSA denial and sent the claimant back to the SSA with orders that the SSA Judge obtain a full consultative mental examination of the claimant and then re-decide the claim.

SSA JUDGE USES WRONG EDUCATIONAL LEVEL; FEDERAL COURT THROWS OUT DECISION

SSA Judge Did Not Listen to Claimant

In this next federal appeal, once again the claimant had been repeatedly denied by the SSA throughout his disability claim. He claimed that he was no longer able to work his past job as a long haul trucker due to his fractured back. The SSA Judge found that he was not disabled as he could work other less demanding jobs. On federal court appeal I argued that the SSA Judge made a small, but crucial error. The claimant had an eleventh grade education according to the SSA file. The other jobs that the SSA Judge said he could work required only a minimal ability to read and write. So the SSA Judge said he was not disabled. However, close examination of the record showed that the claimant was simply passed through school and that he actually could not read and could only write his own name. The record also showed that on other jobs, he had actually tried to apply but failed because he could not read the application papers. On appeal I argued that the SSA Judge mistakenly failed to recognize that the claimant could not read or write. As such the other jobs the SSA Judge proposed could not be considered as they required the ability to read and write. The federal court agreed. The federal court found that the SSA Judge misclassified the claimant's ability to read and write. The court reversed the SSA Judge's decision and sent the claim back to the SSA for another hearing. This time with order to fully consider that the claimant could not read and write when deciding if any other jobs were available for him.

SSA BUREAUCRACY RESULTS IN COURT ORDERED REHEARINGS

Claimants Not Informed by SSA That Records Were Missing

And finally but not least, the federal courts in the past month sent two previously denied SSA disability claims back to the SSA for rehearings. There was no need to file any argument on appeal. So why did the federal courts send these claims I represent on federal appeal back to the SSA without a second thought? Bureaucratic inefficiency. During SSA hearings, the SSA will make an audio recording of the hearing. That audio recording is then transcribed into a written record. However, it is more common than realized that due to obsolete equipment, misplaced microphones, and even simple failure to turn on the recorders during a hearing, the recordings of SSA hearings are often inaudible and even completely missing. Are SSA claimants notified of these missing or inaudible hearing transcripts by the SSA when their claims are denied? No. Invariably a claimant simply assumes that a complete record was made at her SSA disability hearing when in fact no complete recording or record was made. Only by pursuing her appeal to federal court will a claimant usually discover that the SSA hearing record is missing, inaudible or incomplete. Since a complete audible record is required for a federal court, the court's will almost routinely remand these claims back to the SSA for a rehearing to complete the record. SSA claimants should never assume that the SSA made a complete, audible and accurate record of their claim and hearing.

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 and your family could well miss out on substantial federal benefits that you are otherwise entitled to receive.

YOU CAN NOW FILE YOUR FEDERAL WORKERS COMPENSATION CLAIM ONLINE

noreply@blogger.com (Jim Linehan) — Thu, 12 Apr 2012 12:39:27 PDT

Have you been hurt on your federal job?

Federal Employees and Contractors: If you are a Federal employee or a contractor who has sustained a work-related injury or illness, you may use this portal to report the incident or illness to your supervisor using OSHA's Form 301 (Injury and Illness Incident Report).

Federal Employees Only: If you are a Federal employee you may also file a claim for benefits under the Federal Employees' Compensation Act (FECA). You may initiate a new claim by filing either form CA-1 (Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation) or form CA-2 (Notice of Occupational Disease and Claim for Compensation). You may also file form CA-7 (Claim for Compensation) if you have an existing FECA case.

https://www.ecomp.dol.gov/

Apply Online For Social Security Benefits

noreply@blogger.com (Jim Linehan) — Thu, 12 Apr 2012 09:45:41 PDT

Social Security offers an online retirement application that you can complete in as little as 15 minutes. It’s so easy. Better yet, you can apply from the comfort of your home or office at a time most convenient for you. There's no need to drive to a local Social Security office or wait for an appointment with a Social Security representative.

ECAB REVERSE TERMINATION OF COMP WHERE OWCP DID NOT SHOW HOW IT CHOSE REFEREE SPECIALIST

noreply@blogger.com (Jim Linehan) — Wed, 11 Apr 2012 07:48:40 PDT

J.O., Appellant and DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Wichita, KS, Employer

11-1627

February 27, 2012

On July 5, 2011 appellant filed a timely appeal from the February 8, 2011 merit decision of the Office of Workers Compensation Programs (OWCP) terminating her compensation benefits. The record also contains a May 17, 2011 merit decision from an OWCP hearing representative affirming the February 8, 2011 termination decision.

OWCP accepted appellant's May 28, 1998 claim for post-traumatic stress disorder arising from a May 24, 1998 incident in which she was an air traffic controller on duty when an aircraft crashed. Appellant stopped work and was placed on the periodic compensation rolls. On September 27, 2010 OWCP referred appellant to Dr. Mahmoud M. Wahba, a Board-certified psychiatrist, to resolve the conflict in medical evidence between appellant's attending physician, Dr. Edmond Michael Young, a Board-certified psychiatrist, and Dr. Sanford Pomerantz, a Board-certified psychiatrist, an OWCP referral physician. The record contains a printout (bearing the heading IFECS Report: ME024 Appointment Schedule Notification) which indicated that the appointment with Dr. Wahba, initially scheduled for October 18, 2010, and rescheduled for October 25, 2010.

On December 14, 2010 OWCP proposed to terminate appellant's compensation benefits based upon Dr. Wahba's report, the impartial medical specialist. On December 22, 2010 appellant requested, among other things, evidence that OWCP properly selected Dr. Wahba as the referee physician. In a February 8, 2011 decision, OWCP terminated appellant's compensation effective February 12, 2011 based on Dr. Wahba's October 29, 2010 report. On March 7, 2011 appellant requested a review of the written record before an OWCP hearing representative. She presented, through her husband, several arguments as well as a March 16, 2011 report from Dr. Young. In a May 17, 2011 decision, OWCP's hearing representative affirmed the February 8, 2011 decision.

The Board finds that OWCP has not met its burden of proof to terminate appellant's compensation benefits as it has not established that Dr. Wahba was selected in accordance with OWCP procedure.

A physician selected by OWCP to serve as an impartial medical specialist should be one wholly free to make a completely independent evaluation and judgment. In order to achieve this, OWCP has developed specific procedures for the selection of impartial medical specialists designed to provide adequate safeguards against any possible appearance that the selected physician's opinion was biased or prejudiced. The procedures contemplate that impartial medical specialists will be selected on a strict rotating basis in order to negate any appearance that preferential treatment exists between a particular physician and OWCP. 1

OWCP has an obligation to verify that it selected Dr. Wahba in a fair and unbiased manner. It maintains records for this very purpose. 2 The Board has placed great importance on the appearance as well as the fact of impartiality, and only if the selection procedures which were designed to achieve this result are scrupulously followed may the selected physician carry the special weight accorded to an impartial specialist. OWCP has not met its affirmative obligation to establish that it properly followed its selection procedures.

Appellant requested that OWCP verity that Dr. Wahba was properly selected as the referee examiner. The record contains a printout (bearing the heading IFECS Report: ME023 -- Appointment Schedule Notification) which indicated that the appointment with Dr. Wahba was initially scheduled for October 18, 2010 and rescheduled for October 25, 2010. While this evidence suggests that Dr. Wahba might have been selected from the Physician Directory System, the ME023 alone is insufficient to substantiate proper selection of the impartial specialist under OWCP procedures. The evidence is not adequate to establish that Dr. Wahba was properly selected in compliance with the rotational system using the PDS. 3 OWCP's decision terminating appellant's compensation benefits must be reversed due to an unresolved conflict in medical opinion. 4

IT IS HEREBY ORDERED THAT the May 17, 2011 decision of the Office of Workers Compensation Programs is reversed.

Issued: February 27, 2012

Washington, DC

Richard J. Daschbach, Chief Judge

Employees Compensation Appeals Board

Alec J. Koromilas, Judge

Employees Compensation Appeals Board

Colleen Duffy Kiko, Judge

Employees Compensation Appeals Board

1 Raymond J. Brown, 52 ECAB 192 (2001).

2 M.A., 58 ECAB 355 (2008).

3 See E.S., Docket No. 10-633 (issued September 28, 2011).

4 Due to the disposition of this case, appellant's arguments on appeal will not be addressed.

Social Security Announces New Conditions for Compassionate Allowances Program

noreply@blogger.com (Jim Linehan) — Wed, 11 Apr 2012 07:44:26 PDT

Michael J. Astrue, Commissioner of Social Security, today announced 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases. The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. Commissioner Astrue made the announcement during his remarks at the World Orphan Drug Congress near Washington, D.C.

“Social Security will continue to work with the medical community and patient organizations to add more conditions,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for nearly 61,000 people with severe disabilities in the past fiscal year, and nearly 173,000 applications since the program began.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 52 new conditions, effective in August, will increase the total number of Compassionate Allowances conditions to 165. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, immune system conditions, and other disorders. In his speech that opened the Congress, Commissioner Astrue thanked the National Institutes of Health for research they conducted which helped identify many of the conditions added to the list.

The agency also is improving its online disability application process, which is already substantially shorter than the standard paper application. Starting April 21, 2012, adults who file for benefits online will have the option to electronically sign and submit their Authorization to Disclose Information to the Social Security Administration (Form SSA-827). This improvement allows applicants to complete disability applications in a streamlined online session, rather than printing, signing, and mailing paper authorization forms to Social Security offices.

In March, Social Security approved eight research projects through its Disability Determination Process Small Grant Program. This new program aims to improve the disability process through innovative research by graduate students focusing on topics such as the Compassionate Allowances program, Wounded Warriors initiative, homelessness and SSI, and disability enrollment issues.

For more information on the Compassionate Allowances initiative, please visitwww.socialsecurity.gov/compassionateallowances.

New Electronic Signature Process For Form SSA-827 Authorization To Disclose Information To Social Security

noreply@blogger.com (Jim Linehan) — Mon, 02 Apr 2012 07:22:35 PDT

COMING SOON!Beginning April 2012, adults filing online for Social Security disability benefits on their own behalf will be able to electronically sign and submit their medical release form, Authorization to Disclose Information to the Social Security Administration (Form SSA-827).

If you are an adult applying for disability benefits online on your own behalf, you will soon have the opportunity to read the SSA-827 and electronically sign the form as part of your disability application. By electronically signing the SSA-827, you will not have to print, sign, and mail or deliver a paper copy of the form to a Social Security office.

How Workers' Compensation And Other Disability Payments May Affect Your Benefits

noreply@blogger.com (Jim Linehan) — Thu, 29 Mar 2012 08:38:44 PDT

Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability benefits.

However, workers’ compensation and other public disability benefits may reduce your Social Security benefits. Workers’ compensation benefits are paid to a worker because of a job-related injury or illness. They may be paid by federal or state workers’ compensation agencies, employers or by insurance companies on behalf of employers.

Other public disability payments that may affect your Social Security benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related. Examples are civil service disability benefits, state temporary disability benefits and state or local government retirement benefits that are based on disability.

If you receive workers’ compensation or other public disability benefits and Social Security disability benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings before you became disabled.

SOCIAL SECURITY RELEASES PRIVATE MEDICAL RECORDS..NO PENALTY SAYS SUPREME COURT

noreply@blogger.com (Jim Linehan) — Wed, 28 Mar 2012 13:18:03 PDT

SUPREME COURT RULES THAT AMERICANS CANNOT SUE GOVERNMENT WHEN THE SSA MISTAKENLY DISBURSES THEIR PRIVATE MEDICAL RECORDS

WASHINGTON - The Supreme Court ruled Wednesday that the federal government cannot be sued for emotional distress after two agencies improperly shared a man's medical records detailing his HIV status.

"We hold that the Privacy Act does not unequivocally authorize an award of damages for mental or emotional distress," said Justice Samuel Alito, who wrote the 5-3 opinion throwing out Stanmore Cooper's lawsuit. "Accordingly, the act does not waive the federal government's sovereign immunity from liability for such harms."

The San Francisco man, who is HIV-positive, disclosed that information to Social Security officials to receive medical benefits, but withheld it from the Federal Aviation Administration. During a criminal investigation involving pilots' medical fitness to fly, the Social Security Administration gave the FAA the medical records of some 45,000 Northern California residents who applied for licenses.

The FAA was investigating whether pilots were using one set of doctors to certify their fitness to fly while applying to Social Security for disability payments using other doctors to support claims of illness and injury.

JUST WHERE, WHEN AND HOW DO YOU FILE A FEDERAL COURT APPEAL IF YOUR SOCIAL SECURITY BENEFITS ARE DENIED?

noreply@blogger.com (Jim Linehan) — Thu, 22 Mar 2012 05:46:38 PDT

You have been trying for years to get your social security disability benefits and have been denied again. Now you must go to federal court. How do you do that? Where and when do you file? How much will it cost you? For more information read on.

JUST WHERE, WHEN AND HOW DO YOU FILE A FEDERAL COURT APPEAL IF YOUR SOCIAL SECURITY BENEFITS ARE DENIED?

If you have gone through all your hearings and appeals with the social security administration on your disability claim and still are denied benefits, it may be time to go to federal court for your next appeal. Here is a brief explanation of how you can do that and some basics you need to know about.

HOW MUCH TIME DO YOU HAVE TO FILE YOUR APPEAL?

This is always your first question. After you have been denied by the SSA "Appeals Council" on your claim, you have only 65 days to file your federal court appeal. That is 65 days from the date on the Appeals Council decision notice.

If you need more time, you MUST ask the Council in writing for an "extension of time" to file your appeal. Your request must be filed with the Council BEFORE the 65 days deadline. The Council then may allow you an extra 30 days to file your appeal from the date of their answer. DO NOT MISS YOUR DEADLINE OR YOUR APPEAL MAY BE DISMISSED!

WHERE DO YOU FILE YOUR APPEAL?

This depends on where you physically live. There are ninety-four different federal courts. They are located in "Districts". Some states like Colorado, have only one district, others like California have many. Each district covers certain parts of a state usually arranged by county. To find out which federal court you must file in, first see which federal courts are in your state. Then, within that state, if there is more than one district, look at which district covers your county in which you live. That will be your federal district court. Here is an easy locator of federal court districts for the entire United States that you can use to find your court district. US FEDERAL DISTRICT COURT LOCATOR

HOW DO YOU FILE YOUR APPEAL?

This is where it gets tricky, very tricky. And quite frankly, very very weird.

The rules for social security disability are the exact same across the country. Whether you live in New York or Phoenix, on your SSA claim, you will follow the same timelines, rules and process.

However for your federal court appeal, there are ninety-four wildly different sets of federal court rules and processes to know and follow. Each federal court district sets its own "local rules" on how an appeal is to be filed and processed inside their court. Most federal courts are entirely electronic and filing by Internet is the only way, others require paper submittals, some require both. Some allow you 45 days to file a brief, others give you 60 days. Each court has different rules on the brief size, the margins allowed on your paper, and even minute details such as the type and size of font allowed and how you can sign your documents. The only way to figure this all out is to read and know the "local rules" for your federal district court. Even then, mistakes will happen, and if serious enough, can result in your appeal being thrown out on a technicality.

HOW MUCH WILL IT COST ME?

Most federal district courts will charge you about $350.00 as a "filing cost". But if you do not have that money, you can ask the court to "waive" costs. To waive costs you must get the proper waiver form from the court. That waiver form will ask for information on your finances, debts, and income and assets. Once completed and filed with the court, then the court will let you know if you must pay the $350 filing cost. Most courts are very forgiving and will commonly "waive costs" for claimants who cannot afford the $350 filing cost. But you must ask!

DO I NEED AN ATTORNEY AND HOW MUCH WILL THEY CHARGE?

No, you are not "required" to have an attorney represent you on your federal appeal. That is called appearing "pro se". But you better know what you are doing and the local rules (above) because the court will expect you to know just as much as an attorney would on your appeal.

If you do hire an attorney, you must hire one that is "registered" with your federal court. Few if any attorneys are registered with all ninety-four federal courts. Make sure you ask if your chosen attorney is registered with your federal court. The attorneys' fees on a typical social security appeal in federal court are pretty standard with some variations. Generally the practice is that you do not pay any attorney fees in federal court whether you win or lose. If the appeal of your social security case is "won" at federal court, the attorney will likely ask the government to pay her attorneys' fees for her time on the federal appeal. If the federal appeal is lost, then no fees are due.

HOW LONG WILL THE APPEAL TAKE?

This again varies wildly with each court and then again with the individual judges within the courts. Some courts are "fast" and will require you to stick to a scheduled deadline. The judges may also follow a routine where you can expect a decision to be issued within a certain amount of days or weeks. Other courts and judges are more laid back and may take many months to review and issue a decision. For any overall "average" time, you should figure that from the day you file your federal appeal until the day you get your final Court decision will be about 12 to 18 months.

These are only very general guidelines for the basics on filing a federal court appeal of your social security disability claim. The actual rules and processes can be extremely complicated and difficult to follow and understand. If you decide to appear "pro se" you are required to know the local rules and to follow them. The courts, although willing to assist to some degree, can be very unforgiving.

FACEBOOK POSTING DERAILS FEDERAL WORKER'S INJURY CLAIM

noreply@blogger.com (Jim Linehan) — Thu, 02 Feb 2012 12:55:48 PST

POSTING ON FACEBOOK AND OTHER SOCIAL WEBSITES CAN BE HAZARDOUS TO YOUR HEALTH...LITERALLY

FEDERAL GOVERNMENT DENIES INJURY AND MEDICAL BENEFITS BASED ON FACEBOOK POSTINGS BY CLAIMANT

The lesson to be learned here is that one should never post on a social website such as Facebook what one does not want her employer or the federal government to read.

In this federal workers' compensation claim, the claimant alleged she injured her neck while on the job with the USPS. She sought medical treatment and submitted reams of medical treatment reports backing her claim of injury. However she also made postings on her Facebook page which she did not think the government would be reading. They do and they did.

As result of her Facebook postings the federal government denied her claim for injury benefits and compensation.

The government found that:

"Based on the instant record, therefore, there are discrepancies in the accounts of injury appellant provided to different people. This contradictory evidence created an uncertainty as to the time, place and in the manner in which appellant sustained her alleged neck injury. Appellant allegedly injured her neck during the April 29, 2010 work incident, but according to her supervisors she did not provide notification to the employing establishment for four days, after initially advising that she had injured her back during the incident. In addition, while not relevant to the issue of whether appellant injured her neck on April 29, 2010, appellant’s credibility is further diminished because she denied running in several long distance races in March and April 2010, despite the fact that the employing establishment produced documentary evidence and a Facebook entry which indicated that she participated in several races during this period."......."For the reasons stated above, the Board finds that appellant did not meet her burden of proof to establish fact of injury."

ECAB FINDS OWCP HAS DIFFERENT RULES OF TIMELINESS

noreply@blogger.com (Jim Linehan) — Tue, 10 Jan 2012 09:23:04 PST

DEPENDING ON APPEAL FILED, CLAIMANTS MUST EITHER SHOW THE OWCP TIMELY RECEIVED THE APPEAL OR THAT THE APPEAL WAS TIMELY MAILED

According to 20 CFR 10.607, the OWCP changed the rules for filing requests for reconsiderations.
Now a claimant must show that the OWCP "received" the request before the one year deadline. The claimant bears the to show proof of receipt.
However a different rule applies for request for hearing.
According to ECAB, the claimant must only show that he or she sent the request within 30 days of the decision appealed. Whether or not the Board "receives" the appeal is not the problem of the claimant (who needs only to show a postmark mailing) but of the OWCP to show evidence of the date of mailing.

ECAB REMANDS FED COMP DECISION AS OWCP APPEARED CONFUSED

noreply@blogger.com (Jim Linehan) — Tue, 10 Jan 2012 08:59:55 PST

Interesting federal workers compensation appeal in that the ECAB reversed and remanded a decision of denial by the OWCP as the latter appeared confused in its decision.
Here the claimant filed a request for reconsideration out of time with the OWCP. The OWCP reviewed the merits of his request and denied modification as there was no "clear evidence of error shown by the claimant." But then the OWCP listed various documents it reviewed on the reconsideration request, found that the evidence was new, but chose not to modify its prior denial.
The ECAB held that the OWCP was confused by applying two standards of review to one case.
A request for reconsideration that is submitted out of time looks only for "clear evidence of error".
But if the reconsideration is timely submitted (As OWCP indicated here) then the OWCP looks at whether the claimant has submitted new evidence, advanced a relevant new legal argument, or demonstrated that the OWCP erroneously applied or interpreted a specific point of law.
Two different standards of review.
Additionally the ECAB found the OWCP's decision lacking as it did not contain findings of fact and a statement of reasons. "The mere recitation of the dates of various medical reports and statements will not suffice for purposes of determining whether [the claimant] is entitled to further merit review of his claim for a schedule award."

FEDERAL WORKERS' COMPENSATION OVERRULES OWN DENIALS; AWARDS BENEFITS

noreply@blogger.com (Jim Linehan) — Mon, 02 Jan 2012 08:31:02 PST

In this claim for federal workers' compensation benefits from the USDOL "Office of Workers' Compensation Programs" (OWCP), the client had filed a claim for an on the job injury to her back due to improper work placement. The OWCP repeatedly denied her claim finding that the client had failed to provide medical evidence of injury and provided no witnesses to any injury.

The client rightfully continued with her appeal to the OWCP. On appeal we argued that per the OWCP's own case decisions, an on the job injury in the federal workplace does not have to be confirmed by eyewitnesses in order to establish that the work incident had indeed occurred.

In fact, we showed that per the OWCP's own internal reports and experts, this left-handed client was admittedly wrongly placed by the federal employer into a right-handed work station causing her to literally work in a hunched, backward position.

And despite contentions by the government that the workstation had been ergonomically designed, we showed that the federal agency own records revealed that no ergonomic training had been provided to the client.

As regards any alleged lack of medical evidence of injury we showed the claimant had properly and dutifully submitted years of medical treatment reports that the OWCP had simply and wrongly ignored. We argued on appeal that the OWCP cannot simply ignore the medical evidence of record and then claim that no injury occurred due to lack of medical evidence.

These arguments on appeal were successful and that USDOL OWCP reversed its prior decisions denying her claim for federal worker's compensation and awarded her full benefits

DENIAL OF FEDERAL MEDICAL DISABILITY RETIREMENT CLAIM RESCINDED

noreply@blogger.com (Jim Linehan) — Mon, 02 Jan 2012 08:30:12 PST

In this federal disability retirement claim, the client had applied for medical disability retirement under the Federal Employees Retirement System (FERS). She alleged that she was no longer capable of working at her federal job due to severe mental and physical disorders. In fact her federal employer agency agreed that she could no longer do her job and that accommodation or reassignment of her to other work was not possible.

And once again the federal system continued to deny her claim for disability retirement benefits.

However she also stuck with her claim and continued her appeal up to the Merit System Protection Board asking for a hearing before an Administrative Judge.

There we obtained and provided medical evidence from her doctors showing that the client was not able to function in a workplace environment. We also obtained and provided a vocational evaluation that showed, after thorough testing, the client would not be able to work in her federal job nor at any other job due to her severe impairments.

Upon filing this evidence and then waiting until the eve of hearing, the federal agency quickly issued a statement agreeing that the client was entitled to her medical disability retirement benefits and rescinded in full their prior history of denials on her claim without further comment. The MSPB promptly ordered award and payment of benefits.

Law Office Notes of James R. Linehan PC

ECOMP The website for injured federal employees

When People Need Help Managing Their Money

Information For Government Employees

Disabled veterans in Texas fleeced by VA-appointed money managers

NOT OUR PROBLEM SAYS FEDERAL COURT TO VETERANS ABOUT VA DISABILITY BREAKDOWNS

MAKING FALSE STATEMENT TO OWCP RESULTS IN PRISON

HOW MUCH WILL YOUR SSA BENEFITS BE? FIND OUT HERE.

GAO ISSUES WATCHDOG REPORT ON OWCP

Injured Federal Workers's Compensation Records Stolen: Company Files Bankruptcy

http://www.leagle.com/xmlResult.aspx?xmldoc=In FDCO 20120420B58.xml&docbase=CsLwAr3-2007-Curr

HOLMES v. ASTRUE

MICHELLE LEE HOLMES, Plaintiff,v.MICHAEL J. ASTRUE, Commissioner Social Security Administration, Defendant.

No. CIV-11-838-W.

United States District Court, W.D. Oklahoma.

March 29, 2012.

REPORT AND RECOMMENDATION

CONGRESS REVIEWS CHANGES TO FEDERAL WORKERS' COMPENSATION PROGRAM

Federal Courts Throw Out SSA Denials

YOU CAN NOW FILE YOUR FEDERAL WORKERS COMPENSATION CLAIM ONLINE

Apply Online For Social Security Benefits

ECAB REVERSE TERMINATION OF COMP WHERE OWCP DID NOT SHOW HOW IT CHOSE REFEREE SPECIALIST

Social Security Announces New Conditions for Compassionate Allowances Program

New Electronic Signature Process For Form SSA-827 Authorization To Disclose Information To Social Security

How Workers' Compensation And Other Disability Payments May Affect Your Benefits

SOCIAL SECURITY RELEASES PRIVATE MEDICAL RECORDS..NO PENALTY SAYS SUPREME COURT

JUST WHERE, WHEN AND HOW DO YOU FILE A FEDERAL COURT APPEAL IF YOUR SOCIAL SECURITY BENEFITS ARE DENIED?

FACEBOOK POSTING DERAILS FEDERAL WORKER'S INJURY CLAIM

ECAB FINDS OWCP HAS DIFFERENT RULES OF TIMELINESS

ECAB REMANDS FED COMP DECISION AS OWCP APPEARED CONFUSED

FEDERAL WORKERS' COMPENSATION OVERRULES OWN DENIALS; AWARDS BENEFITS

DENIAL OF FEDERAL MEDICAL DISABILITY RETIREMENT CLAIM RESCINDED

MICHELLE LEE HOLMES, Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner Social Security Administration, Defendant.