The distinction between the Office of Workers’ Compensation Program (OWCP) and Federal and Postal Disability Retirement benefits under either FERS or CSRS from the Office of Personnel Management (OPM) is one which must be clearly made so that a Federal or Postal worker does not confuse the two; for, in confusing the two, there are numerous instances in which the Federal or Postal worker believes that he/she is receiving one or both — as the Statute of Limitations has already run out or is about to run out. OWCP is a separate, distinct, and independent benefit from OPM Disability Retirement benefits.
It is administered by the Department of Labor, and is designed to provide for temporary compensatory benefits based upon an on-the-job injury (as opposed to the issue being “neutral” and irrelevant in a Federal Disability Retirement application under FERS or CSRS), or an occupational illness or disease, and is meant to allow for a period of time in which the injured Federal or Postal Worker can recuperate or become rehabilitated, then return back to work. There is no designated time-frame as to how long a medical condition must last (whereas for OPM Disability Retirement benefits, a medical condition must last for a minimum of 12 months).
The distinctions are important to keep in mind for many reasons, if merely to understand that a person who has filed for OWCP benefits has NOT concurrently satisfied the filing requirements for OPM disability retirement benefits. One must affirmatively file for,and prove by a preponderance of the evidence, that one is eligible and entitled to OPM disability retirement benefits under FERS or CSRS. Complacency in the receipt of OWCP payments may shockingly come to an end one day; it is a good idea to prepare, formulate, and file for Federal Disability Retirement benefits under FERS or CSRS.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability & OWCP Workers Comp Filings | Tagged: attorney representing federal workers for disability throughout the united states, choosing between owcp and federal disability, confusion among postal workers about the opm statue of limitations, CSRS disability retirement federal attorney, department of labor and office of personnel management disability programs, department of labor disability retirement, differen, disability owcp, don't forget the 12 months statute of limitations in usps medical retirement, federal civilian workers comp disability, nationwide representation of federal employees, opm disability law and the preponderance of evidence concept, OPM disability retirement, OPM disability Statute of Limitations, OWCP benefits for federal workers, owcp denied claim, postal employee needs help with workers comp, postal service disability retirement, preponderance of the evidence concept in fers disability law, qualifications differences between owcp and opm disability, short-term benefits for disabled federal workers, temporary benefits to injured postal workers, us dept of labor owcp, USPS disability retirement, what's the difference between opm disability and workers comp? |
I have been on OWCO since 12-10-2008. their own doctor rated me at 50% total boby / totaley dicabled (no work at all). on Oct ,2010 my agency finaly gave me leter to let me go as of 10-10-2010. Owcp states that I am long term care. So I plan to stay with OWCP for the long haul. Can I still get anythind for my FERS,LEO RETIREMENT with 26 years in and at 56 now. can i draw any part of my fers LEO retirement out at the same time? Annuity, TSP, or my SS Supplement. I can get no help form my agency, main bennifets office, OWCP, or OPM so far. Any help would help!