second denial Please help

I have been out on owcp since mid 03 due to a neck injury. Before the neck injury I had three back injuries sustained while at work. All were workers comp and I have case file numbers for all going back many years. While being treated for the neck injury I began having intense back pain. I was advised to file for recurrent back injury and did so. My claim was denied. I was advised to file for reconsideration and did so. I just recieved the verdict. The evidence in my case was sufficient for the office to reopen and conduct a merit review. However my docs failed to explain the relationship between my diagnoses and my work injuries. So denial again. What do I do now?

You need to get some help. It would appear that the medical evidence is not sufficient to carry your recurrence claim or you have filed the incorrect claim. The first problem has to do with the doctors. Oftentimes they just don't understand the standard invloved and need to be educated. You need someone who does understand and who can convey that to the doctors.

Of course there may be many others things wrong that need to be fixed but those probelms will only become apparent by someone who has the opportunity to review your complete case file.

So if I understand you the only person who can help me is an attorney.

I am not sure what you mean, but if you think that I was offereing my services, I am not. You need to find help, whether it be a lawyer or non-lawyer. It needs to be someone who can go through your file and understand what has taken place in your claim.

I would not think you need a lawyer as much as a Dr. that understands your job description, previous injuries, and how this combined caused you to have the back problems. When I was denied for my claim I went to a clinic that understood the terminology,etc. the OWCp was looking for and I got approved.

hello ronan,

I am not an expert but I have been in the postal system since My first injury in 1998, back when OWCP wasn't so overwhelmed, and that's why these denials are going on. My injury has caused me to have multiple surgeries and I followed restrictions and did the assignments usps gave me, always a trooper. Now I am going on 20yrs...and I went thru the reasessment program and accepted an offer to change my craft, mind you they said it would be within my restrictions..turns out I am suffering again. And I after an accepted condition, and a PAID scheduled award of the loss of my extremities , am going thru it again, was LWOP for 7 weeks! They denied my claim because they couldn't understand how my new jod caused a reoccurance of my original ACCEPTED, WITH THEIR OWN SECOND OPION DR.,had happened. I know this sounds like over kill but I hired an ATTNY. his name is Alan Shapiro to handle this for me because of OWCP's situation. You stand a better chance to have a lawyer fight for you, he has a web site I suggest you do this his fee is 20% of what you get, I am on 4 hr works days after 20yrs with LWOP every day..jump on it

yes, it is really bad right now with th USPS assesment program dumping their injured employees into the dept of labor's pool...they are overwhelmed.. and it's gonna get worse they are not even done!!! I recieved a letter saying that it could take up to 9 mths for them to hear my appeal! And I was an accepted case! They have paid for my therapy ie; visits/mileage but refuse my TTD for being sent home and the LWOP I am recieving for 4 hrs on a daily basis.. it is a shame I have a second income with my man but what if I didn't have him to help try to pay bills? I still have had to adjust payments and call my bills because they just want to be paid I pray and ask the lord to be with me and as of today he has been there for me, there is always a plan even if we don't understand ya know? He is carring me on this journey...

Also, I plan on putting in for a disability retirement through the OPM office, they are not affiliated with OWCP and I am gonna hire a lawyer to do that as well. The odds are against you if you try it on your own, there is a reason why there are professionals...His name is MCGILL he to is a specialist in OWCP dis retirements, he will speak with the physicians and anyone else he needs too. Often the DR's don't get the USPS and they are just hell bent on a cure and trust they will pu you in a new position that is within your restrictions, I can attest to the fact that they don't know what theyr'e doing and all my jobs have caused me to have over and not including a new surgery, 5 surgeries I am so done...Get professional help.