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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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Rossen  
#1 Posted : Thursday, January 21, 2010 9:28:13 PM(UTC)
Rossen

Rank: Newbie

Groups: Registered
Joined: 1/21/2010(UTC)
Posts: 3

Hi,

I would like to change my OWCP case to an OPM Disability Retirement one?  I searched the posts here and apparently I need to complete a CA-1105 Election form, however,  I'm unable to locate one on DOL's or OWCP's website. 

Am I missing something? 

Has the form number changed? 

Finally, once the form is submitted to OWCP, what is the average turnaround time after OPM receives it?

As a bit of a back story, my OWCP case was successfully adjudicated in 1994 and have been continuously on the roles. 

Any ideas or suggestions?

Thank you in advance,

Rossen

edalder  
#2 Posted : Thursday, January 21, 2010 9:31:44 PM(UTC)
edalder

Rank: Senior Member

Groups: Registered
Joined: 10/9/2001(UTC)
Posts: 1,536

You will need to ask your OWCP CE for that form.

Be sure to advise OWCP of your CSA number.

If you have been on OWCP roles since 1994, I would give OPM a "heads up" that you will be returning to their benefits.  Your retirement claim probably has been archived somewhere in Boyers, PA.  Not sure how easily or quickly OPM can get it back into an active status after 15 years.  Call them and find out.

Kivi
Rossen  
#3 Posted : Friday, January 22, 2010 4:46:57 AM(UTC)
Rossen

Rank: Newbie

Groups: Registered
Joined: 1/21/2010(UTC)
Posts: 3

Thank you for your prompt and informed response.  Just another question or two and I will be on my way.

I never received any OPM Disability Retirement benefits or pay.  Actually, OPM denied my claim, including the subsequent appeals (1993 and 1994 respectively).  I did briefly chat with OPM regarding this matter in early 2008 and explained their denial and what, if any, effect it would have on transference.  OPM's CE related that because I had been receiving OWCP's benefits for so long, that the denial probably wouldn't be an issue.  What say you?

Finally, when I do give OPM a call and explain that I want to transfer my case, should I request that they dig up the archived CSA (to better facilitate matters)?

Again thank you for your time and have a great day,

Rossen

watsot01  
#4 Posted : Saturday, January 23, 2010 12:53:39 AM(UTC)
watsot01

Rank: Newbie

Groups: Registered
Joined: 1/23/2010(UTC)
Posts: 17

If I understand you correctly, you stated OPM denied your disability retirement application and the appeal.  You are only eligible to apply for OPM disability retirement up to 1 year after seperation from Federal Service.  How can you switch to Disability Retirement if it was not approved?  If it was not approved you have lost your right to disability retirement because the 1 year after seperation has passed.
Rossen  
#5 Posted : Saturday, January 23, 2010 5:05:42 AM(UTC)
Rossen

Rank: Newbie

Groups: Registered
Joined: 1/21/2010(UTC)
Posts: 3

Watsot01,

I'll be as brief as possible.  Technically I never separated per se, from federal service - as evidenced by my having continuously been on OWCP's roles since 1994.  Since the burden of case adjudication is a much higher standard for OWCP (an on the job injury, occupational illness, etc) than OPM's Disability Retirement (being disabled to the point of being unable to perform your job), coupled with the amount of time an annuitant has received their benefit, then regardless of the OPM denial  (OPM's words now, not mine) becomes a moot point and thus a non-starter for transference.  Finally, as the OPM CE related, some folks routinely jump back and forth from OWCP to OPM and vice versa.  (Everyone needs have a hobby I suppose.) Wink

Have a great weekend,

Rossen


edalder  
#6 Posted : Saturday, January 23, 2010 10:12:02 AM(UTC)
edalder

Rank: Senior Member

Groups: Registered
Joined: 10/9/2001(UTC)
Posts: 1,536

I too have some concerns.  Collecting OPM does not mean that the employing agency has not, in fact, separated you from its rolls.  it may have.  What would count here is that SF or PS 50 that says "sayonara", it was nice knowing ya...."

I don't know what you communicated to the OPM representative.  If you case is in the Boyers cave, the person on the phone may missed some important points.

Call back OPM after your case file gets to DC and get the straight scoop on where you stand with OPM from someone who is looking at your file.  Then decide if you want to make that election.  I am concerned that you do not have entitlement to OPM.

You don't want to elect OPM, have OWCP cut you off, only to discover no checks from OPM are forthcoming.



Kivi
watsot01  
#7 Posted : Saturday, January 23, 2010 1:21:10 PM(UTC)
watsot01

Rank: Newbie

Groups: Registered
Joined: 1/23/2010(UTC)
Posts: 17

Rossen,
 
I would not follow legal advice from a claims examiner.  You need an attorney.  The agency can seperate you while on OWCP.  Just because you have been on OWCP since 1994 does not give you entitlement to OPM disability retirement.  I do not know the specifics of your case, but I do believe you have lost your right to OPM Disability Retirement.
kelsey  
#8 Posted : Sunday, January 24, 2010 3:13:05 AM(UTC)
kelsey

Rank: Groupie

Groups: Registered
Joined: 11/10/2009(UTC)
Posts: 51

Rossen,
Have you received a Form 50 saying you were separated?  Usually the HRM (formerly known as Injury Comp) will coordinate a separation and inform you along the way with your right to file a grievance etc. and finally a form 50 will be sent to your address of record with the Postal Service that you are, in fact, separated.  If you are not separated, then you can apply for dis retirement (again).  The doctor's written support is key in that process.
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