Practical answers for complex federal systems.

The Office of Workers’ Compensation Programs (OWCP) oversees federal workers' compensation claims. It provides benefits provided by the Federal Employees' Compensation Act (FECA) for work-related injuries and illnesses. Understanding OWCP processes can help you secure the compensation you deserve.

The three benefits of an accepted claim before the OWCP are: 1. Compensation pay at your compensation pay rate for the time you are disabled from working due to your accepted conditions under the claim and for the time you must miss work to obtain treatment; 2. 100% medical treatment paid for by the OWCP for authorized treatment of your accepted conditions under the claim; and 3. A Schedule Award which is an award of money for the partial or total disability of a scheduled member (i.e. arm, leg, hand). This is not a settlement of your case. If you receive a Schedule Award today for 10% of your leg and your leg condition worsens over time, you may be eligible for a worsening of condition Schedule Award. You cannot receive a Schedule Award while you are also receiving Compensation Pay for your work-related disability.

FECA provides coverage to all civilian officers and employees in all branches of US government, and the government of the District of Columbia. If you are unsure if you are an employee of the United States or District of Columbia, please reach out to my office for an in depth consultation.

FECA provides coverage to applicants for employment under specific circumstances. Please contact my office for an in dept consultation if you are unsure if you qualify.

FECA provides coverage to a special category of volunteers and reserve corps members such as Civil Air Patrol Volunteers, Reserve Officers' Training Corps, Peace Corps, Job Corps, Volunteers in Service to America, Youth Challenge Program, National Teacher Corps, Student Employees, Panama Canal and Alaskan Railroad Employees, Certain non-federal law enforcement officers, Petit or Grand Jurors, National Fisheries Observers.

FECA provides coverage to certain volunteers who are unpaid or paid only a nominal amount: Department of Veterans Affairs Volunteers, Forest Service Volunteers, National Park Service volunteers, Volunteer Weather Observers - National Oceanic and Atmospheric Administration, Federal Emergency Management Agency Volunteers, Student Volunteers for Department of Commerce.

Other covered employees include: National Guard employees in a civilian status, federal employees who transfer to international organizations, a federal employee who is "on loan" to perform services for a private employer, State Maritime Cadets, Public Health Service Details, Job Training Partnership Act, National Aeronautics and Space Administration Exchange Employees, AmeriCorps, and Contract Observers on Vessels.

If you are an injured federal employee or not sure if FECA benefits extend to you, please give my office a call for an in depth consultation.

There are many reasons why the OWCP could be denying requests for medical treatment. Often it is as simple as your provider not using the correct claim number on the bill. Another reason could be that the treatment provided was for a condition that is not accepted under your claim as work related. Contact our firm today so our attorneys can review the denials of treatment as part of a consultation.

You can receive a Schedule Award from the OWCP while receiving an OPM retirement annuity if you have an accepted OWCP claim for a body part listed in the "Schedule." However, you cannot receive OWCP compensation pay at the same time as receiving an OPM retirement annuity. Schedule a consultation today to determine how our attorneys can help you obtain a Schedule Award from the OWCP.

Almost routinely, before accepting or denying a claim, the OWCP will send out a letter requesting medical and factual information to be received by the OWCP within 60 days of the date of the letter. These letters are very specific to each case, often requesting medical and factual evidence. I recommend contacting our firm to have an attorney review this letter and explain the evidence required for your claim to be accepted.

Your denial of claim will list the different type of appeals afforded to you and the deadlines for each appeal afforded. The three possible types of appeal options are:

1. Reconsideration Appeal: A written appeal to the District Office where new evidence can be submitted; 2. Appeal before the Branch of Hearings and Review (BHR): This can be a Review of Written Record where you can submit a written appeal and the Hearing Officer reviews the case file or you can request a Telephonic Hearing and you will have a hearing with the BHR Hearing Representative where you can present testimony and evidence. New evidence can be submitted in support of this; 3. Appeal before the Employees Compensation Appeals Board (ECAB): An appeal submitted to Administrative Law Judges. However, no new evidence can be submitted in support of this appeal.

Your denial decision is supposed to explain the evidence needed to overcome the denial and obtain an accepted claim as well as a list of different appeal options. Often the denial of claim decision does not provide accurate or necessary information to the Claimant, leaving the Claimant in the dark and confused as to how to appeal the decision. Additionally, the denial decisions often misunderstands or ignores evidence already in your Case File. There are also strategic reasons for choosing a type of appeal (Reconsideration, BHR, or ECAB).

Please contact our firm as soon as you receive a denial decision so that an attorney can review and offer representation.

Unfortunately, as a federal employee entitled to OWCP benefits, you are unable to sue your agency for your work-related injury.

Continuation of Pay (COP) is where your agency continues to pay you for 45 days following your work injury. You are eligible for COP if you submitted a claim for a Traumatic Injury within a specific timeframe, and your claim is accepted. Often you will receive COP from your agency, but if your claim before the OWCP is denied, you may be billed by your agency to pay back the COP or your COP may be changed to some form of paid Leave (sick or annual leave). Our attorneys are skilled in helping our clients obtain approved claims before the OWCP so our clients can keep or obtain their COP.

To obtain legal help with your federal workers' compensation issues, reach out to our experienced attorneys. We offer personalized consultations to discuss your specific situation. Contact us today to start your journey towards resolution.

The Law Offices of Stephen J. Dunn handles all aspects of the disability medical retirement process for federal employees who have become disabled and prevented from efficiently performing the duties of their position. This representation includes assisting the employee in preparing a disability retirement application, obtaining the proper medical documentation, or appealing an adverse OPM determination to the Merit Systems Protection Board.

To qualify for disability retirement benefits, a federal employee must meet the following requirements:

Completion of 5 years of credible federal civilian service under CSRS or 18 months of federal civilian service under FERS. Have a disability (or several) which prohibit you from performing useful and efficient service in your position. Have a disability (or several) which prohibit you from performing useful and efficient service in a vacant position in the same agency at the same grade or pay level and tenure for which you are qualified for reassignment. Disability is expected to last one year. The employing agency was unable to make reasonable accommodation for your medical condition. Must not been separated from the employing agency for more than one year.

An OPM Medical Disability Retirement pays you 60% of your "high 3" for the first 12 months and 40% of your"high 3" every subsequent year until age 62.

The OPM "high 3" average salary is the highest average basic pay earned by a federal employee during any 36 consecutive months (3 consecutive years) of creditable service. This is typically the last three years of federal service.

Also, every year you receives an annuity, counts toward a regular retirement and at age 62, the OPM automatically recalculates the annuity from the temporary disability percentage to an "earned" regular retirement amount as if you had continued working until the day before turning 62.

At age 62, the OPM makes the following adjustments to your annuity:

If your actual service, plus the credit for time as a disability annuitant equals less than 20 years:

1 percent of your high-3 average salary for each year of service

If your actual service, plus the credit for time as a disability annuitant equals 20 or more years:

1.1 percent of your high-3 average salary for each year of service Total Service used in the computation will be increased by the amount of time you have received a disability annuity.

Average Salary used in the computation will be increased by all FERS cost-of-living increases paid during the time you received a disability annuity.

You can receive a Schedule Award from the OWCP while receiving an OPM retirement annuity if you have an accepted OWCP claim for a body part listed in the "Schedule." However, you cannot receive OWCP compensation pay at the same time as receiving an OPM retirement annuity. Schedule a consultation today to determine how our attorneys can help you obtain a Schedule Award from the OWCP.

If you are currently receiving compensation pay, you may elect to receive your disability retirement annuity payments, upon approval, at any time. If OWCP decides to terminate your benefits, you may then elect to receive your annuity.

Once approved, you may work another job as long as your salary does not exceed a set amount.

You must complete all application forms and submit them with medical evidence to your Agency or OPM, depending on how long you have been separated. Your Agency must also complete necessary forms and submit to OPM as part of this process. Following receipt of your application, the OPM may ask for additional information to process your application. If the OPM does not receive all necessary evidence to accept your application, a denial may be issued. You will have 30 days to submit a Request for Reconsideration to the OPM. If the OPM continues to deny your application, you will have 30 days to request an appeal to the Merit Systems Protection Board.

This can be a daunting process as Employing Agencies are often unresponsive to requests to complete necessary documents and the OPM deadlines to provide additional information are only 30 days.

To obtain legal help with your OPM application or denial, reach out to our experienced attorneys. We offer personalized consultations to discuss your specific situation. Contact us today to start your journey towards resolution.