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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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That is the funny part.  They have been denying my scheduled award since 2010, officially  since Feb 2013, when I realized I was legally entitled to one.  I knew this wen too smoothly,  Heck yeah they will approve the retirement instead of having DOL pay 75% of my wages.  Damn them.  I'm glad we have some knowledgeable people here because if I had to rely on OPM, FERS, DOL to do what is rightfully due, I'd be long dead.

Mr. A

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

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  • HadIt.com Elder

That is the funny part.  They have been denying my scheduled award since 2010, officially  since Feb 2013, when I realized I was legally entitled to one.  I knew this wen too smoothly,  Heck yeah they will approve the retirement instead of having DOL pay 75% of my wages.  Damn them.  I'm glad we have some knowledgeable people here because if I had to rely on OPM, FERS, DOL to do what is rightfully due, I'd be long dead.

What was DOL's reason for denying the scheduled awards?

Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive.

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Well I did start a rein jury on my left hand in early 2013. So I submitted a reopen which was a big no no.  Different date of injury, different claim.  Any ways, once they denied the reopen I was informed that I was entitled to a scheduled award. DOL denied that as well.  In  trying to protect my left hand I used my right hand more.  Long story short, Filed DOL claim on right hand because I injured that one but I went through my private insurance  since I figured they were going to deny a claim on my right hand.  Well I was mistaken 3 days after I had my surgery I  received a letter that they approved the right hand injury.  What is really stupid about them claiming that I don't perform a job that would cause injury to my wrists or hands,  hello,  um AIRCRAFT FUELS MECHANIC., really that is the type of crap that really burns me up.  More along the same route in DOL stating, that jet fuel is not hazardous and that I was not exposed to enough of it on to get sick.

 

Anyways the DOL specific stance was that " the claim states all benefits are paid, not entitled to scheduled award"  AFPC stated that, DOL stated that as well.  Liars and cheats is all they are.  Funny I filed for disability retirement and guess what my scheduled award suddenly appeared out of nowhere and in my bank.  Lump sum too.  They finally had a revelation.  

This is going to be interesting,  I am trying to keep the injuries and claims with the corresponding agencies, but my health issues are interrelated on some issues, and VA disabilities do play a part with my difficulties  when I was employed.

Mr. A

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

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Oh and a doctor has to relate your illness with your exposure.  No benefit of doubt.  After all the studies and MSDS' that I gave and my long hospital stay. They, AFPC stated that I was never exposed to fuel.  Hello KC135  Fuel tanker,  removing valves, bladders, activated fuel tape, removing components and stinking of fuel after I showered at work and at home.  The wife still remembers having me strip in the entry before I went anywhere in the house.  I am glad we always laundered my clothes separately and in different machines.  Id' really go ballistic if my wife or kids come down with something because of me. Well screens is getting too blurry. Chat later, take care friend.

Mr. A

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

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What was DOL's reason for denying the scheduled awards?

I haven't gotten a straight answer from them, other than the doc used the wrong edition of disabilities text.  Wrong 6th edition is what is applicable when I reached MMI. Got it straight from the book.  First they said not due an award, Then they said the doc used the wrong edition, later they said I have had too many surgeries and it can't be ascertained what the disability level was at each time.  I kid you not, that was stated to me over the phone,  I didn't start recording conversations with them until that happened.  Sadly it was then that I realized that I was in a bad game.

Later they said that the statute of limitations had expired, wrong again, in that situation does not apply, however, now they are going to be scrambling.   They paid the award from 2010.  That was the first surgery.  Since then 9 other surgeries had to be performed all work related and all denied by DOL.  With the exception of one but they approved that one 3 days after my private insurance took care of me.  What's I find really amusing is that I 've been using the same doc. the one that they picked out for me.  The doc is aware of my problems with DOL and I imagine once the insurance company gets involved in the legal matter it will be very interesting.  I want to get the insurance carrier involved like yesterday. as it might help my cases but my case is in DC now.  So is my VA claim.  It will definitely be interesting when the Sh** hits the fan.  The stench is pretty bad too, however, often I wonder who will stink the worst.  Maybe it will be a 3 way tie.  I had really hoped that I didn't have to wasted so much time trying to prove my cases, by all means, WC approving the first surgery and injury set precedent for the rest,  I was still performing the same job and task that I was back in 2009 when I got hurt.  Frankly the job got harder once I started on the supply side of it along with build up of aircraft spoilers.  Handling parts over 1400 lbs with slings and cranes.   Oh well not worried.  I just want to be around long enough to hear and see the agencies squirm when they try to justify their actions and responses.  

I am just frustrated that it had to go this way.  I really loved my career.  Even with all the injuries, and shenanigans they have put me through I don't regret my time and service I provided.  It sucks but unfortunately that is why you have to keep pushing for what you know to legal and right.

Either way screen is too blurry.  Take care folks I will post again when I have more news. Hopefully with compitent representation I will see more  wins and can pass the intel on.

Mr. A

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

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  • HadIt.com Elder

Did you get the Ellis clinic involved in this, if not you should, they are really good on VA and DOL issues. He also does a great job on AMA ratings.

Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive.

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