Switch from Fed Disability Retirement to OWCP

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Latest post 05-23-2009 8:38 AM by AttyMcGill. 4 replies.
  • 12-02-2008 4:16 PM

    Question [=?] Switch from Fed Disability Retirement to OWCP

    Atty. McGill,

    Is it possible to switch from Federal Disability Retirement to OWCP. I just found out that a medical condition that caused my retirement was misdiagnosed and caused by another medical issue that the FED Dr.s and my Dr.s missed or did not know existed, even though it has been documented for years. I just found out about it from another medical professional. I want my old job back, I thought going back in via OWCP might be the way, HELP.
  • 12-05-2008 1:45 AM In reply to

    re: Switch from Fed Disability Retirement to OWCP

    I Don't think you can have your old Job back. Once

    you Retire there is no requirement to rehire you.

    That is not to say you can't try. What did the new

    Doctor find. Why didn't the old Doctor know about

    this old Info from Years back? Are you still Disabled?


    As far as taking you back on OWCP, I'm not sure

    that could ever be possible.
  • 05-22-2009 9:03 PM In reply to

    Re: re: Switch from Fed Disability Retirement to OWCP

    There was a preexisting condition that caused my issue. This condition arose while I was employed and quite possibly was the underlying reason for my issue. This condition went undiagnosed because most DR's do not test for it and it takes a unique specialist to find it, which no one took the time to consult with at the time, come to find out. This is possibly - maybe a correctable issue with a little time. Just wanted to know if I have any options or legal options to be reemployed since no one knew at the time what the heck was going on.

  • 05-22-2009 9:11 PM In reply to

    • Kivi
      Consumer
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    • Joined on 01-01-2005
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    Re: re: Switch from Fed Disability Retirement to OWCP

    On what basis do you think that your job caused, accelerated or aggravaed this medical condition?  OWCP is NOT going to approve your claim just because you believe it will help you get your job back.  That's not how it works.

    Because any OWCP claim that you file would be after your separation from employment, I would be surprised if the "reclaim your old job" rights under 5 USC 8151 would actually apply to you.  If you have been gone longer than a year, it likely becomes even more problematic.  However, disputes under 5 USC 8151 are decided by the Merit Systems Protection Board, rather than OWCP.  I don't know if they have ever had a case that involves your potential fact pattern. It may be one of those issues for which there is no actual case law.

    In other words, my opinion is worth about what you paid for it.

     

  • 05-23-2009 8:38 AM In reply to

    Reply: Switch from Fed Disability Retirement to OWCP

      It is always possible to go to OWCP benefits, and have the OPM disability retirement benefits become "inactive" (basically, superseded by OWCP).  However, because it may have been a long time, there will be issues of causality which you may not be able to prove or overcome.  As far as getting your job back, either via OWCP or other means, there simply is no guarantee.

    Sincerely, Robert R. McGill, Esquire

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