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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 8079
Experience:  Since 1983
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I am disabled. In 1997 it was determined by a Hearing Representative

Customer Question

I am disabled. In 1997 it was determined by a Hearing Representative that I owe the U.S. Dept of Labor an Overpayment in the amount of $51,000.00. Although it was never proven, my attorney 'at that time' suggested that I pay this amount so I could go on with my life. In January of 2000 I requested an update on the amount paid. However, the S.F. district Director said because I didn't have the H.R. decision certified that her decision was null and void. The Claims Examiner and the District Director implemented their own decision and raised the amount owed to $144,000.00 without my knowledge, I was under the impression that I was paying back the $51,000.00 which would have been paid in full in 2001. However when I brought my case up before the District Director he stated that the money I have paid thus far has gone toward the interest only. I requested a hearing to discuss the overpayment amount. They refused to grant me a hearing or discuss my case and stated if I continue to fight that they will make it hard on me. They presently take $600 per month out of my Disability Benefits and i can't afford to keep living this way. The reason I am attempting to resolve this matter is because time is of essence. I have been diagnosed with cancer and recently had dual hip replacements. My health is not to good right now and if I were do die I want to make sure my wife and family is taken care of. To date I have paid well over $108,000.00 for a debt I don't owe. I believe they now owe me. I don't have the resources to take this to Federal Court. My question to you, is what should I do?
L.L.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 2 years ago.
http://www.dredf.org/contact.shtml
might agree to represent you, and could refer you to local disability rights attorneys if they will not accept your case.

I hope this information is helpful.
Customer: replied 2 years ago.
Are you familiar with Federal Disability Procedures, "U.S. Department of Labor O.W.C.P." verses California State Disability Law?? I was told that I would have to file a lawsuit in the Federal Courts against the Office of Workers Compensation Programs and the District Director. Are you able to try my case in Federal Court if everything I submit to you line up with my statement???
Expert:  N Cal Atty replied 2 years ago.
I'm sorry but the Experts here cannot represent you in Court.

There is OWCP information linked from
http://www.dol.gov/owcp/owcpcomp.htm

I again urge you to contact http://www.dredf.org/contact.shtml for assistance.
Customer: replied 2 years ago.
I believe I can represent myself in court. Can you help me prepare the documents I need to file a suit or claim against the U.S. Department of Labor O.W.C.P. District Office and it's director and force them to respond to the overpayment? I have all the documentation needed to move forward....
Expert:  N Cal Atty replied 2 years ago.
The Experts here are not allowed to prepare any legal documents, we just answer questions and provide information.
Customer: replied 2 years ago.
I appreciate your referral but your reply is still not an answer. I need a bulldog attorney who is not afraid to stand up to the Department of Labor. My case is complexed as I feel the District Director is violating my due process of law and not following the U.S. Dept of Labor O.W.C.P. Procedural Manual. I need an attorney who understands federal law and can review my case...
Expert:  N Cal Atty replied 2 years ago.
Was your claim brought under the Federal Employers Liability Act?

Which town or County are you in?
Customer: replied 2 years ago.
I live in Oakland, California, Alameda County. My case is being handled by the Department of Labor O.W.C.P., San Francisco District Office. Andy Thorp is the Director.
My claim do fall under the federal Employees Compensation Act. I do not qualify for Social Security but I do qualify for benefits under the Office of Personnel Retirement roll. However, I would receive far less money under OPM.
I would like to retire on the OPM roll but the director threatened to transfer the overpayment amount (that I do not owe) to OPM if I leave the O.W.C.P. roll.
I need my day in court.
Expert:  N Cal Atty replied 2 years ago.
You can get a free consultation from some of the local workers compensation lawyers listed at
http://lawyers.findlaw.com/lawyer/firm/Workers%27-Compensation-Law/Oakland/California

There are FELA lawyers who probably also handle FECA cases listed at
http://lawyers.findlaw.com/lawyer/firm/Railroad-Worker-Injury_FELA/Oakland/California

I agree that you need a local attorney to represent you. The Experts here are not allowed to represent you, but you should be able to find an attorney who can represent you at either of the above links.

I hope this information is helpful.

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