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Federal Workman's Comp & Tdiu

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jdman

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Well let me start this off by saying... I hope I didn't screw myself.

I am 90% SC(70% Depression, 60% CFS, 30% GERD/IBS, and 10% Hypothyroidism). I am also currently a federal employee on Workman's Comp for PTSD for tours in Iraq/Afghanistan. I have been on OWCP since Sept 2011. Been told by multiple OWCP doctors that I am totally disabled and unable to return to work.

I recently filed for IU along with an increase in Hypothyroidism and a few secondary conditions. I am trying to get to 100% like everyone else. I hope I didn't screw myself for filing for IU since I still currently have a job even though I have not worked since 2011. I filed for IU because my doctors consider both of my conditions(Depression and PTSD) as comorbid conditions and they cannot differentiate the symptoms. My VA psychiatrist lists them as both Axis I.

Just need some advice. I went for C&P on Monday for my IU. Basically the VA psychologist told me i am very screwed up and he referred me to Suicide Prevention. Did I make a mistake?

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  • HadIt.com Elder

Yes, I see. I claimed TDIU for aggravation of my SC condition by my federal employment. This was a mistake that I made. I first asked for a change in my work schedule based on my mental condition (bipolar DX from the VA). I had to file a OWCP claim to get the change. This screwed me when I went out on total disability from my job because I had linked the two conditions together myself.

Did you file for OPM and SSDI? I did this so that if my OWCP claim was overturned by some SECOP or Referee opinion I could fall back on OPM and SSDI. You can put OPM on deferral and opt to take OWCP. I got full SSDI while I got OWCP. I am not sure about this and feel the SSA made a mistake, but who am I to disagree with the SSA. When I chose TDIU over OWCP I got full OPM and kept SSDI and medicare. I also had private disability insurance which I still have today.

I think you did a better job of tactics than me. My claims were really separate also. I was depressed because the USPS messed with my schedule and because I was suffering chronic pain from work-related shoulder and neck problems. I just worked things wrong. I never thought I would actually be so disabled I would be out of work. I was fired from USPS and had to hire a lawyer just to keep my pension since I was fired for cause.

OWCP still pays for psychiatric treatment as does the VA but only one money source. However I got four schedule awards from OWCP for injuries to my hands, feet, and shoulder. Most of the money you get has offsets built in like no OPM and OWCP at the same time. Usually, they reduce SSDI if you get OWCP. They reduced mine when I got schedule awards.

I do not trust these bastards so I like to get my CYA paperwork. I think you have done that jdman. I do quite well on SSDI,OPM and TDIU along with my disability insurance.

John

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John,

It is hard to deal with. Mine wasnt so much about tactics as survival. I just CYA'd myself as I went along. I made sure I keep every psych exam and scan it in to my computer along with VA notes, etc.

I just recently filed for SSDI and still pending. I hope I will be approved. I have 3 conditions currently(MDD, PTSD and Panic Disorder with Agoraphobia).so I hope that would be enough evidence for approval. I have filed for OPM DR yet. Haven't done the paperwork on it yet. To be honest it kind of overwhelms me. I don't want to be disabled. I would be surprised if I get declined for SSDI b/c I am only 40. They haven't separated me from service yet but I need to do my OPM DR paperwork soon b/c I have 1 yr from separation to do it. I need to dot I's and cross T's.

It sucks having multiple mental health conditions. I just try to deal with it day by day.

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  • HadIt.com Elder

There used to be a website called FedupFeds who had much info on workers compensation. I became disabled at 51 officially, but was going downhill for years at my postal job. Chronic pain syndrome drove me nuts and postal management pushed me over the edge. A friend of mine at USPS went out of work for depression in 2001 and has never gone back. She gets the OWCP check every month and every few years they send her for second opinion. The post office drove her crazy. She is depressed and paranoid. They ruined her life IMO.

OPM is the easiest of all disability programs to get since the employer is glad to get rid of you because you have injury. Others here have OPM and OWCP claims.

John

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John

Thanks for all the info... I guess filing for OPM DR for me kind of makes it a finality that I won't be going back to work and that is why I havent done it yet. I want to stay on OWCP as long as I can b/c of the difference in pay... for me I would lose a lot of money since some of my OWCP money is post diff/hazard pay which has increased my OWCP monthly amount. I am curious as to what SSDI says... they are supposed to make a decision fairly soon.

I liked my job just my PTSD and anxiety cause me havoc. I have panic attacks 2-3 times a day and stay at home b/c I can't handle going out in public sometimes.

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  • HadIt.com Elder

The only possible glitch I can see is when you actually get TDIU or 100%, and are deemed unemployable the OWCP may have something to say. I was OK on OWCP with a 30% disability from VA, and then I got TDIU, and that is when I got the letter telling me I had to make a choice. Your situation is different than mine was, so I hope there is no problem. Usually, you cannot get full SSDI and OWCP at the same time, but the people at SSA are so ignorant they may not catch it. You can get medicare. I told the people at SSA that I got a schedule award from OWCP, and they did not even know what OWCP was until I told them. I was trying to protect myself from getting overpayments. The SSDI stopped until schedule award was compensated for in payments. You know what a schedule award is, correct? Like I say I am not trying to rain on your parade, but warning you of all the offsets all these programs have in them. You can get 100% from the VA, SSDI and OPM at the same time. All the rest usually have offsets, but there are exceptions. You just do not want to be in situation where you have 50 grand that you end up owing these jerks. They will sometimes stop all your other payments until the debt is cleared. Of course, you can appeal.

It is hard to accept you will never work again when you are under 60 years of age. We Americans are defined by what we do for a living to a great extent. When you are unemployable what are you? I am 64 now, but I wish I had not gotten so low that I could not work even if I was legally able. I would like to sell antiques or something, but I am on TDIU and SSDI so that is a no-go. My shoulder is ruined by post office. The shoulder is very complex joint. Once you screw it up it tends to stay that way. Mine hurts all the time.

John

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John,

I cant get a schedule award. They consider the brain an injury not eligible for schedule award.

I filed for IU but I did file for a few secondary conditions as well and an increase in my hypothyroidism. I am at 93% currently so my hope is that I will either get a secondary condition or an increase and that would put me at 100%. The IU was a backup to get to 100% in case the others were not granted.

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