My FCE Came Back Invalid – Can I Repeal?
Federal Disability , Federal Workers' Compensation
One of things you may have to face as an injured federal worker is the reality of an FCE, otherwise known as a Functional Capacity Evaluation. As you continue to receive checks from OWCP to help take care of your day to day needs, officials from the same office may decide to order that you carry out extra physical therapy tests in order to determine your capabilities as they relate to carrying out normal work duties.
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What is an FCE?
A Functional Capacity Evaluation is typically performed at a specialized center or area of the hospital that’s designated for physical therapy. A well-trained therapist familiar with OWCP protocol will have you simulate certain work-related activities such as lifting, climbing up a flight of stairs, walking, sitting or bending in order to determine your level of fitness as well as whether or not you are fit to return to work.
Why It’s A Good Idea to Agree to an FCE
It is important to act in good faith and attend FCE evaluations as it will show OWCP that you are amenable to their suggestions and that you are indeed injured and unable to return to work. The goal is to have the results of the FCE test come back as valid, meaning that you aren’t at a certain level of fitness that will enable you to effectively carry out your work duties.
Invalid FCE Results are Common
It is estimated that over 70 percent of all FCE tests come back as invalid. This is disheartening and could be due to the fact that these tests are objective and use medical markers to come up with this finding. For example, if the therapist doesn’t record an increase in heart rate when they ask you to lift a couple of weights, they will state that you can handle a similar task back at work.
Invalid FCE Result. Now What?
Please note that you can repeal invalid FCE tests. Your first line of action would involve paying anywhere between $500 to $1000 to have another FCE test done at another medical facility in order to come up with a more balanced result, and then contacting a federal workers’ compensation attorney at our law firm on 1-855-233-3002 to have them file an appeal on your behalf and deal with OWCP so you don’t have to. Give us a call today, and we’ll help you with all your invalid FCE issues. Thanks for choosing us