Category Archives: General
What You Need to Know About Social Security’s “Listings” for Disabilities
Social Security employs a five-step process for evaluating applications for disability benefits. At the third step, a Social Security administrative law judge (ALJ) must determine whether or not the applicant’s known physical and mental impairments “meets or equals” one or more of the official “listings” of impairments, i.e., recognized disabilities. If the ALJ finds… Read More »
No time limitations on claim for schedule award
The calculation of your rate of pay will determine the amount of every payment that you will ever receive from the OWCP. All wage loss payments and any schedule award payment you get will be based upon the calculation that they make regarding your rate of pay. Any miscalculation on the low side could… Read More »
Is your rate of pay correct?
The calculation of your rate of pay will determine the amount of every payment that you will ever receive from the OWCP. All wage loss payments and any schedule award payment you get will be based upon the calculation that they make regarding your rate of pay. Any miscalculation on the low side could… Read More »
Schedule award lump sum may delay second award
The law provides that a schedule award should be paid out every four weeks until the entire payment of the award is made to the injured worker. If, for instance, a claimant received an award letter advising of 40 weeks of compensation, he would receive a total of 10 payments made every four weeks…. Read More »
The basics
To be entitled to continuation of pay, a person must have; (1) a traumatic injury which is job-related (2) file Form CA-1 within 30 days of the date of the injury (3) begin in time from work due to the traumatic injury within 45 days of that injury. The law is very specific that… Read More »
Referee opinion required when treating doctor & government doctor opinions conflict
The law clearly states that if a conflict exists between the medical opinion of the employee’s physician and the medical opinion of either a second opinion physician or an office medical advisor, the office shall appoint a third physician to make an examination. This doctor is called a referee physician. The doctor must be… Read More »
The basics of traumatic injury
A traumatic injury is a one time event or series of events, causing injury, which take place over no more than one shift. The most common types of traumatic injuries include: motor vehicle accidents; falls; lifting injuries; quick movements and over exertion. In most instances, you usually know that you hurt yourself at the… Read More »
Choice of physician is exclusively OWCP’s
The OWCP reserves the exclusive ability to choose the specific doctor to perform a second opinion examination. If the claims examiner has questions or seeks determination or clarification regarding the claimant’s medical status, physical restrictions or permanent impairment rating, among other things, a second opinion examination can be requested. The claims examiner need not… Read More »
Schedule award paid lump sum at OWCP discretion
A schedule award may be paid in lump-sum if the OWCP determines that such a payment is in the employee’s best interest. Lump-sum payments of schedule award generally will be considered in the employee’s best interest where the employee does not rely upon the schedule award as a substitute for lost wages. An employee… Read More »
Determining your pay rate
A schedule award is paid out based upon the claimant’s impairment rating derived from injuries to an accepted body part. An injured worker is paid a set number of weeks according to a schedule. The payment amount for each week is equivalent to the compensation rate that he or she would be paid when… Read More »
