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Tdiu Pt But Working On Ss & Fers Claims

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DocFMF

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Hello all and this is my first post on HADIT.COM. Please bear with me as I learn the ropes around here. My situation is a bit bass ackwards from what most of the posts I have read on this subject since my IU claim with the VA processed faster than my OPM or SS Claims.

The friday prior to Memorial Day I was informed that the VA fully developed IU claim I submitted on 01/21/2015 had veen approved at 90% but uped to IU for 100% P&T. (AMAZING TIMEFRAME YEAH) This was up from my previous combined 80% rating from when I filed. I'm a 29 year (with 10 year military buy back) WS wage grade supervisor federal employee that has been out of work on LWOP since 01/05/2015 due to my many medical and mental conditions.(Yeah all us supervisors are a little nuts) I filed for my FERS disability retirement from OPM as well as SSDI from Social Security at the same time as I filed for IU with the VA.. OPM initially denied me about 3 weeks earlier but I have an appeal in now. I just sent OPM and SS a copy of my 100% PT claim letter. Also I am 54 and cannot normally retire from civil service for another year and 1/2 due to my age. I contacted SS to request they place me on their VA IU PT 100% program to speed up things on their end. I have only one more SS C&P in early June. I suffer from a ton of conditions both VA service connected and not. My highest VA rating is 70% for PTSD

Ok with all of that said..... What importance/emphasis will OPM & SS place on my IU rating with the VA? What sort of timeframe should I expect from SS? OPM?

I hope I covered everythin. Any information / direction in this matter will help a lot.

Thanks in advance

DocFMF

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Just for everyone's information who is reading this post. I had an attorney tell me that if you are a fed it's very important that you document your medical issues and the problems you are having doing your job. This includes talking to management as they will be approached after you leave to verify your claim. Also, I read today that if you have problems meeting just one critical element in your performance plan due to medical issues that may be all you need to qualify. That isn't to say that all disabilities will justify a disability retirement, the issues should be difficult to accomidate.

Green

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Very good points. In my case I am safe, the 10 surgeries on my hands is more than enough. DOL finally got it and coughed up my schedule award from 2010. Yup 4 years late but heh it finally hit. I have 4 other claims on the hands that they tried to combine and well the law is pretty specific different onset dates different injuries different claims even though they involve the same body parts repeatedly.

In my case I am very fortunate that my doc/surgeon helped me fight DOL. Although he played it smart by covering his and my six with the functional capacity exams. I believe from Berta comments and the digging that I did with research, hand injuries to occupations like mine weigh heavily on the approval odds. None the less even though I had tons of evidence DOL's regulations are a bit demanding when it comes to docs opinions, there is no benefit of doubt doctrine, the doc writing the opinion has to pretty much come out and say the job caused the injury backed up with history and diagnostic examinations and tests.

I've been fighting this fight since FEB 2013 and just not got some vindication. DC is going to be fun, that of course will be on DOL s court but they conceded with a 5 figure award on the first claim. It will be interesting to say the least on the rest of my claims.

Anyways back to VA relevance. I am trying to decide how to best go about this. I have filed a new SSDI claim to facilitate the OMF requirement for the disability retirement, I imagine if I either file a new claim for IU or piggy back of the 3rd to last VA decision, unemployability should come in to play quite heavily, however, with a few claims in appeal right now, I am not quite sure how to go about it with what steps should be next.

I will gladly welcome advice at this point. These are uncharted waters for me and stakes are higher now.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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Just for everyone's information who is reading this post. I had an attorney tell me that if you are a fed it's very important that you document your medical issues and the problems you are having doing your job. This includes talking to management as they will be approached after you leave to verify your claim. Also, I read today that if you have problems meeting just one critical element in your performance plan due to medical issues that may be all you need to qualify. That isn't to say that all disabilities will justify a disability retirement, the issues should be difficult to accomidate.

Green I concur with your assessment, however, from experience at least at the base I was at, the Occ. Health doctor had the audacity to say the being a aircraft fuel mechanic that I was not exposed to those chemicals and environment enough for my illness and injuries to be caused by the work I do. That is just a bunch of hockey puck manure.

Honestly I cried, not from anger or sadness but from sheer laughter. I can't wait to get the doc on the witness stand. No medical rationale at all on the opinion. No mention of 5 nexus letters, or job description for that matter, nor where there any conclusive arguments vs several studies and favorable docs opinions on causation and aggravation of my claims.

This guy I can't wait to attack. This Dr has a history of violations and suspensions and had many EEO complaints and cases filed against him, Of course I didn't olay fair, but it will be by his own words that I think will seal the deal. I do worry about how far I may have to take this, however, the big hurdle is over, disability retirement approved.

Mind you I don't advise this course of action for everyone, I'm not sure how this is going to turn out, but what I do know, is that I have met every legal requirement asked of me and I have not lied or misconstrued facts. That cannot be said of the doc nor the personnel clerk.

Anyways off again in the deep end. With disabilities or injuries the kicker is that they interferes with the major physical requirements and required skills for the job. I have that, now all that I need is for cheats to acknowledge the evidence and follow regs.

With VA I think or rather believe with my back, IBS, and damaged noggin issues I have a good shot at IU. If I am wrong, please comment, I know I'm in deep enemy territory now. Things might get dicey. All constructive input is graciously accepted and will be taken into account.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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Submit OPM disability approval letter for IU. Get some buddy statements from co-workers if you can to back you up.

I have those from my supervisor of 6 years and co workers of 12 years. Is that a viable option? I understand it is favorable evidence but can it hold any weight. It was my decision to file for disability retirement. I just wanted to go on my own terms and not caught by surprise if they canned me. I asked my boy wonder law dog but it's been a week and no answer yet.

I have a pending claim I started online on Ebennies for IU,but man I have a bum feeling, a claim now might cause some real confusion. I was trying to figure out which would be the best, or rather smoothest route in this scenario.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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Yeah, the statements I submitted from 2 co-workers and supervisor were mentioned in my award letter for IU. Hell even personal statements get read. Lay it out to em.

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