OWCP Denied Your Out-Of-State Medical Treatment After Injury? How Our Attorneys Can Reverse This Denial
As a proud USPS last-mile worker, you’ve probably provided years of service to the federal government and the American public with a smile, never once complaining because you’ve never doubted that the government has your back in the case of any eventuality, such as an injury. While we’d all like to think that we’re Supermen and Wonderwomen, accidents and injuries do happen, and sometimes, when we least expect them.
From a torn rotator cuff from carrying the heavy satchels and sacks that seem to increase with each year as online shopping becomes more standard, to dog bites that tear chunks off your flesh in your leg, to degenerative arthritis due to rheumatoid arthritis, injuries, and occupational illnesses, these are an undeniable part of life. Before you know it, you’re off to see a physician, and as they pore over your X-rays, MRIs, and have you do functional capacity tests, they come to the conclusion that you may need specialized surgery if you’re to ever work again, and that this can only be done out-of-state because the expertise simply does not exist in your state.
Once you communicate this to OWCP, you sit back and expect that all shall be well, and surgery will be scheduled in a few short weeks. However, one crisp morning, a letter arrives in the mail from OWCP which explicitly states that surgery is not authorized due to some nebulous administrative reasons, even after you submitted all the pertinent information regarding the procedure, its cost, the specialized hospital, and so on. Their reasoning for the denial is that the treatment is available locally. On some level, you know that their denial is wrong on every level, and that’s why you’re currently reading this.
As federal workers’ compensation attorneys who have worked with thousands of injured and sick postal workers across the country, we usually know OWCP’s Modus Operandi like the back of our hands – their default is deny, delay, and defend, particularly if they think you won’t push back. What most people also don’t know is that the Federal Employees’ Compensation Act requires that OWCP authorize medical treatment when it is deemed “reasonably necessary” for your work-related injury, and this usually includes travel needed to obtain said treatment. If you’re currently in this predicament, read on to find out how we can overturn these unfair OWCP decisions so we can get you on your way to treatment and ultimately, compensation.
Are you looking for the best federal workers’ compensation attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options. The experienced OWCP attorneys at McCready Law focus exclusively on representing injured federal employees, with deep expertise in the unique challenges facing USPS last-mile workers. Our attorneys handle claims nationwide, and we have unparalleled experience navigating OWCP’s bureaucratic barriers to specialized treatment, ensuring that your medical evidence demonstrates why out-of-state care is medically necessary.
At McCready Law, we understand the frustration of being denied access to the very specialists who can help you. You’re already dealing with a catastrophic injury. You shouldn’t have to fight your own government to get the care your own doctor recommends. We offer flexible fee arrangements that we can discuss. Our fees are reviewed by OWCP prior to our commencing your representation to ensure they are fair and reasonable, leaving you with the resources needed to focus on your health. If OWCP has denied your travel reimbursement for out-of-state specialist care, please give us a call TODAY at (314) 481-63338 for a 100% FREE legal consultation with one of our best federal workers’ compensation attorneys—our intake team is standing by.
Out-Of-State Travel Reimbursement and Treatment for Injured USPS Workers – FECA Laws
FECA states that OWCP is required to authorize medical treatment deemed reasonably necessary in order to get you back on your feet. In addition, the law states that it’s not just the treatment itself, but also all the expenses associated with the same, such as travel, lodging, and meals, when the treatment just isn’t available in your locale.
OWCP, being the administrative nightmare it usually is, will try to define “locally” as a reasonable driving distance, which is anywhere from 50 to 100 miles. However, “available” is usually where we get them, as the phrasing means that treatment is appropriate and adequate for your particular condition.
While, for example, having a detached retina treated by a general ophthalmologist is never possible, what you will need is an out-of-state retina specialist. In addition, FECA laws require that OWCP look at your medical condition in its totality, which may include failure of past treatments, the complexity of your injury, and the expertise that you are seeking from the out-of-state specialist. When seen from this vantage point, it can be surmised that a blanket denial is legally insufficient.
How Do I Overturn an OWCP Refusal for Treatment?
In order to overturn a reimbursement denial, the following needs to be in place:
- A detailed referral letter from your treating physician, who must use medical terms and demonstrate, using his words, not only the complexity of your condition and the specific procedure needed to resolve the same, as well as the consequences of not obtaining said specialized care
- Documentation of the specialist’s unique qualifications proving that their education or training, as well as their experience treating your specific condition, cannot be replaced by another physician, and how their treatment differs from standard local care
- Evidence of failed local treatment where you show that local treatment failed to resolve your condition, as evidenced by medication records, consultation reports from at-home specialists, and any other evidence showing local treatment reached a stonewall that could not be overcome.
- A formal request for reconsideration, citing the specific regulations as well as your argument – we shall help you draft this – as to why your denial did not take into account your specific medical needs.
Best Nationwide OWCP Attorneys – Call Us Today!
If OWCP has denied your travel reimbursement for out-of-state specialist care, do not accept their decision as final. The law is on your side, but you need someone to enforce it. McCready Law has your back — simply give us a call NOW at (314) 481-63338 so we can speak with one of our experienced and attentive federal workers’ compensation attorneys. Remember, the call is 100% FREE, and there is no obligation. Thank you for choosing McCready Law.