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Federal Workers' Compensation

The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.

Here is a forum for members to share and exchange experiences regarding to workers' compensation related issues.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
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Bobt98  
#1 Posted : Friday, December 13, 2019 9:35:45 AM(UTC)
Bobt98

Rank: Newbie

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Joined: 10/15/2019(UTC)
Posts: 3
United States
Location: Provo, Utah

I receive OWCP disability payments. I am on their periodic rolls.
I am past retirement age but still on OWCP. I receive no money from OPM retirement.

I began collecting SSA Regular retirement in 2013.
I notified OWCP at that time that I was receiving payments from SSA.

I just got notice from OWCP that they have declared they overpaid me due to my SSA retirement.
They are say the over payment and the now offset to my compensation is due to a FERS/FECA annuity being received from SSA.

I never was FERS, but was a CSRS employee.
I never paid into FERS.

All my SSA retirement annuity is due to work in the private, non federal, sector.
And is regular retirement.

Form 1032, which I have to complete every years, asks about SSA benefits but instructs to not report any SSA benefit due to non federal work.

Is there, should there be, an offset to my OWCP compensation payments, when the SSA retirement annuity is due solely to Non-federal work?

Thank you.
OBE17  
#2 Posted : Wednesday, December 18, 2019 5:06:16 AM(UTC)
OBE17

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In a word...NO! I get the same instructions. Unless they have decided to "attack" your claim from another direction.
Bobt98  
#3 Posted : Wednesday, December 18, 2019 7:47:34 AM(UTC)
Bobt98

Rank: Newbie

Groups: Registered
Joined: 10/15/2019(UTC)
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Location: Provo, Utah

Thank you, OBE17. Do you or anyone have a reference to their regulation or maybe one from OPM?

This is definitely an attack upon my account from my case worker. She did not respond to my phone calls for her to call me, nor written request to talk with her. Instead, I got a letter back--after I provided information to her that I was a CSRS worker & info that I never paid into the FERS system & that my SSA retirement was all from non-federal work--that she had "carefully" reviewed my information and had rendered a final decision--I owed $8K of overpayment; payup or else; my monthly compensation payments would be and are now being subjected to an offset; the decision is Final; I may appeal to ECAB but present no new evidence.

I just got a letter from from OWCP in Washington of a hearing date in two weeks. They did not say what it is about but I assume it is on the overpayment matter.

It would be very helpful if I can site a record--OWCP regulation--that says regular payments from SSA that come from non-federal service are not subject to offset.

Any ideas?

Thank you.
OBE17  
#4 Posted : Thursday, December 19, 2019 5:59:35 AM(UTC)
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I can't say our circumstances are EXACTLY the same because I don't know from CSRS.
I will research it though because I need to know it.

I worked for fed gov't before fed employees started paying FICA in 1984.
Rivkah  
#5 Posted : Thursday, December 19, 2019 5:17:48 PM(UTC)
Rivkah

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Go to theowcpclassroom.blogspot.com If you don't see your answer on there, contact the site owner, Jesse Slade.
Bobt98  
#6 Posted : Friday, June 5, 2020 10:51:17 PM(UTC)
Bobt98

Rank: Newbie

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Location: Provo, Utah

6 months later. Denver office of OWCP, rendered a final decision, without even talking to me or even returning a phone call my claim examiner rendered a final judgement and I had to kick up $8K+. Even though I presented evidence that I was not FERS and I was a CSRS employee, not subject to that ruling. CE did say I could appeal to the ECAB (not sure about the word), and that her decision (decision to ignore all the facts) was FINAL as far as OWCP regional office was concerned. Claims examiner did say I could request a hearing from an administrative judge, on how payments should be made. I did that in Aug 2019, within my time limit of 30 days which if I did not say something I would lose all rights to do so.

The judge in Washington scheduled my hearing for Jan 2002. I appeared, alone, hearing judge was there and a person from OWCP in Denver. I explained that I wanted the hearing Not because I wished to determine how to pay but that I believed the payment should be Zero because what Denver office was do was a travesty, possible scam, and they were acting on wrong information and it was with prejudice. I have a psychological injury and don't do well with conversation: I read a prepared paper, stating the facts of my employment--as a CSRS employee. She (administrative judge) listened, asked a few questions of me, which I was able to shakenly answer. She said it seemed to her that I indeed was a CSRS employee, not FERS, thus no requirement to repay what a FERS employee would have. She asked the Denver OWCP representative what he had to add--he said, nothing. And that it did look likee I was not a FERS person. The judge said she agreed and after investigation if all things held true she would enter a verdict to vacate my CE and Denver's decision. In April I got that letter of real final decision from the administrative OWCP court in Washington, D.C. It was found in my favor. Denver was order to vacate what they had done, monies paid or taken away from me and return my compensation to its full amount. YAY! of course, Denver has seemed to have started retaliation against me, trying to take action to have me dropped from their roles, but that is another story.

Someone asked for a reference. Here it is:

"USC Sec. 8116(d(2) requires that all benefits paid by the Department of Labor (DOL) for work-related injuries and deaths shall be offset by the amount of any concurrent Social Security retirement or survivor benefit which is attributable to Federal Service. [if there are no benefits from SSA from Federal Service, no offset is required.]
DOL imposes this ofset against the FERS/FECA benefit when the beneficiary receives both a FERS/FECA benefit and an SSA retirement or survivor benefit and both are based in part on the same earning. The offset is based on information provided by the SSA...[the document goes on for a couple of sentences.]"

To prove my case, I had to get a statement from the SSA, attesting that non of SSA benefits came from public sector work. I presented that to the judge-and read her the above USC Sec. 8116(d)(2). After that, it was essential done. Fifteen minutes with a fair administrative judge found my CE had made an incorrect decision and the actions taken against me were wrong. Four months later the ruling came down, officially. I received a statement that she found in my favor, Denver OWCP was ordered to vacate their "final decision against me and restore everything that was being or taken.

I hope this may help someone,at least give hope. I did not have an attorney, but having one really would have been better--let them do all the work, take the stress of you--if you can afford it. Still, when armed with the facts, and you are under oath in the courtroom, present your case well thought out, answer any subsequent questions and let the judge make a correct decision. Good luck, my friends.

Edited by user Friday, June 5, 2020 11:05:42 PM(UTC)  | Reason: add additional information

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