Filing an 'Unlawful Delay' action against OWCP

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Latest post 02-21-2008 8:55 PM by beamers4. 8 replies.
  • 02-14-2008 1:24 PM

    Question [=?] Filing an 'Unlawful Delay' action against OWCP

    Hi. I really need help. I was injured in April of 2004 (back injury with a loss in my legs) and I have been fighting OWCP ever since. According to what my present CE told me on Thursday of last week (I say present because every time OWCP wants to delay my claim they assign a new case worker, and they have done this to me approximately 6 times now) everything was set and I was to get my scheduled award on Friday of this week (2/15/08). He said this because both my doctor, the second opinion doctor, and the DMA all agreed that I should get the award, and had all signed off on it. In addition, my CE said that he had reviewed all the records, and that everything was ok. Then, on Wednesday of this week (yesterday - 2/13/08) I received a message from my CE stating that, when he tried to have the senior CE sign off on the award, the senior CE stated that she wanted to take a look at the hard file of another injury that occurred to my foot back in 1998 to determine if I had received a scheduled award for it. Now, I completely understand this because if they had already paid me a scheduled award in the past then they would need to know because they would need to offset the amount (the scheduled award is because of loss in my legs) that I had already been paid. But I also know that, at the beginning of October of last year (October 10th to be exact), my CE told me that he was verifying this information AT THAT TIME, and he had requested both the hard file and all the pay records associated with the claim so that he could verify that I had never received a scheduled award. Then, approximately 3 weeks later (the beginning of November), he called me and told me that he had verified that I have NEVER received a scheduled award in the past. Now, it would be one thing if it was just my word against his concerning the fact that he had already looked at this, but I have actual proof that he already did this because, at the time, he left me 2 voice messages telling me that he was doing it, and I have the voice messages still saved on my machine! To make a long story short, I have had enough of them delaying my scheduled award, especially when they start delaying it because they want to do things that they have already done, and I want to take action, but I do not know what to do or where to go or who to contact in order to file an action for unlawfully delaying a scheduled award. I know that Title 18 discusses remedies for unlawfully delaying an OWCP claim, but where do I go from here? Any help that anyone can give me would be greatly appreciated, and I welcome everyone's opinion, both user and attorney alike. Thank you for your help.
  • 02-14-2008 1:40 PM In reply to

    Feedback [*=*] re: Filing an 'Unlawful Delay' action against OWCP

    Sounds like they are giving you the usual run a round. If you have a Lawyer have him write a letter, and the Congress man or woman in your area. If you write to the Congress, (I have found), I received help with in 19 days. For some reason I even hered from Management that they don't like to deal with the Congress.
  • 02-15-2008 8:26 PM In reply to

    Feedback [*=*] re: Filing an 'Unlawful Delay' action against OWCP

    You write: "I know that Title 18 discusses remedies for unlawfully delaying an OWCP claim, but where do I go from here? "

    Give me that cite. I would like to see it. I was unaware that any such law exists. Thanks.
  • 02-15-2008 9:51 PM In reply to

    Feedback [*=*] re: Filing an 'Unlawful Delay' action against OWCP

    It is 18 USC 1922 and basically the responsible employee can be fined and imprisoned for any willful refusal to complete and forward forms.
  • 02-15-2008 10:27 PM In reply to

    More [=+=] re: Filing an 'Unlawful Delay' action against OWCP

    18 USC 1922 would apply to your employer who might withhold or make a false report concerning employee compensation specified by 8120 of title 5.
  • 02-16-2008 7:22 PM In reply to

    Feedback [*=*] re: Filing an 'Unlawful Delay' action against OWCP

    Well that is somewhat different than an action against OWCP.
  • 02-18-2008 4:40 AM In reply to

    Feedback [*=*] re: Filing an 'Unlawful Delay' action against OWCP

    Title 18, Part I, Chapter 93, Sec. 1922 (as taken from the Cornell University Law School U. S. Code Collection) states "False or withheld report concerning Federal Employees' compensation. Whoever, being an officer or employee of the United States charged with the responsibility for making the reports of the immediate superior specified by section 8120 of Title 5 (which, as you know, deals primarily with the chain between the immediate supervisor and the Secretary of Labor, concerning the filing of the initial report, but it also deals with the subsequent filings of initial reports for compensation like the scheduled award as refered to in (3) of 8120) wilfully fails, neglects, or refuses to make any of the reports, or knowingly files a false report, or induces, compels, or directs an injured employee to forgo filing of any claim for compensation or other benefits provided under Subchapter I of chapter 81 of Title 5 or any extension or application thereof, or wilfully retains any notice, report, claim or paper which is required to be filed under that Subchapter or any extension or application thereof, or regulations prescribed thereunder, shall be fined under this Title or imprisoned not more than one year, or both" Now, primarily this section is used when an employer is trying to "encourage" an employee not to file a workers compensation report, but (as was explained to me by multiple sources), this also deals with delays in the filing of all the reports concerning claims for compensation, and includes everybody in the entire food chain that starts with the immediate supervisor and ends with the Secretary of Labor, to include CEs. Now, in my case, it was explained to me that it applies because a) my claims examiner falls into the food chain, b) he was responsible for making the reports of the immediate supervisor to the Secretary of Labor concerning my scheduled award, which is included in the many reports as described in (3) of 8120, and c) he either wilfully neglected or refused to make the report to the Senior Claims Examiner that I had never received a scheduled award previously, or he wilfully retained the report of his finding that I had never received a scheduled award previously, to the Senior Claims Examiner, who is also in the food chain, or he did tell the Senior Claims Examiner that I have never received a scheduled award previously, and the Senior Claims Examiner is delaying the processing of the claim without good cause. The bottom line, again as was explained to me by many sources to include elected representatives and other attorneys who actually lobby for changes to the workers compensation laws, my CE is in the food chain between my immediate supervisor and the Secretary of Labor, he is responsible for filing reports for claims, he cannot withhold information that delays my compensation, which in this case is my scheduled award, and in this case he did just that because he did not report his findings to the Senior Claims Examiner that I did not receive a scheduled award previously, or he did report it in which case the Senior Claims Examiner is delaying my scheduled award without good cause. Even in the FECA Manual Part 2 (2-0800-5 Processing Claims) it states that "It is the policy of OWCP to minimize financial hardship to claimants...", and yet, they are doing just the opposite when they try to delay claims based on excuses like the one they are giving me now. Anyway, I have already been contacted and told who would handle such a complaint, and I have already contacted the office in question and they said that they would help me if I needed it. But I want to thank you for your reply, and your help with this forum. It really helps injured employees by giving them somewhere to turn to for knowledge that OWCP doesn't want us to have.
  • 02-21-2008 8:55 PM In reply to

    Question [=?] re: Filing an 'Unlawful Delay' action against OWCP

    Could you let us know who would assist with this type of complaint.It is always beneficial to know what office handles this type of problem.Thanks
  • 02-22-2008 2:42 PM In reply to

    • Toby2000
      Consumer
    • Not Ranked
    • Joined on 09-13-2007
    • AR
    • Posts 19

    Question [=?] re: Filing an 'Unlawful Delay' action against OWCP

    I realilze the government is constantly passing the buck to avoid taking responsibility for their actions which affect thier workers. In my situation, I had my benefits terminated from OWCP on 9-1-2007 after 8 years because they have miraculously determined I am able to work again. At that time I also lost my health benefits, so I immediately contacted BCBS and applied for the conversion and sent the check directly to them which they still have. Within days a representative contacted me and stated that a conversion was not possible because SSA still had me on the roll, and it showed that OWCP had to inform BCBS of the termination in writing. I called, I faxed, I sent certified letters and as of today 2-22-08, I have no health insurance, no conversion of my policy all because OWCP, OPM, and RPM says it is not that particular offices' job. Also, you only have 63 days to convert from a federal group to an individual poicy upon the ternination. The agency (SSA) finally updated their system on 2-14-08 Tell me, whose job is it, when I am in need of something so important because of a health condition, that no one will take the buck, do thier job, and let me have something that I am entitled to have. If I have a massive heart attack today, I have NO coverage, but the employees of these offices will sure scramble to make sure their actions are covered.
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