Are/Were you due INCAP pay?

I know this is an old thread, but I was hoping I could resurrect it to get some thoughts on my husband's situation?

My husband is an Army Reservist who is in the middle of the IDES process. About 6 months ago, he was notified by someone within his command about INCAP pay but no one knew any of the specifics of how to get it. Over the last 6 months or so, I have been doing a ton of research on INCAP, with most of the thanks to this forum! According to what I have researched and calculated, my husband would be due a rather large amount for incap if everything goes according to how I am interpreting the regulations. The large sum of money would be for Tier 1 and Tier 2 losses over the course of the last 5.5 years. My husband, however, is skeptical that he will get any money at all. His command is supportive but they aren't fully versed in INCAP. He is a skeptic and thinks INCAP pay is too good to be true. I am confident that his Tier 1 incap losses will be paid out eventually, but it's the Tier 2 losses that I am now doubting.

My husband has ILOD bipolar from his active duty days. He went straight from AD to Reserves (the ILOD wasn't determined until he was well into his time in the Reserves). After AD, he landed his dream job for which he had a security clearance. After a hospitalization in 2013, he lost this security clearance and lost his job because he could only work for this company with a security clearance. He was unemployed for 6.5 months. He took the first job that he was offered. Since he lost his job due to the loss of his security clearance, would this be eligible for Tier 2? He has the 7574 military physician forms signed that he was not able to perform his civilian duties for that 6.5 month time period.

This whole LOD bipolar has drastically changed our lives and not for the better, obviously. So, to think that he could be compensated in some way for those times over the last 5 years that he was unfit for military duty and his civilian work, it would just be a miracle for our family right now. But, I am worried that I am clinging too tightly to INCAP when it may not be realistic?

So, my main question is: Tier 2 incap eligible for the time he was unemployed due to loss of his clearance from hospitalization for LOD illness?

Thank you very much for taking time to help me!
I'm guessing you already know that DA PAM 135-381 and AR 135-381 are the Army's instructions and regulations regarding INCAP, also look at DODI's 1241.2 and 1241.01, the latter supersedes the former, but it's the latter (1241.2) that goes in depth about the safeguard's such as being paid within 30 days of formally requesting INCAP.

For this CURRENT period of INCAP, you should start by formally requesting INCAP pay through the unit CO, do it by email so that there's a record of the request and time/date stamp.

For the PAST period(s) of INCAP, you'll "PROBABLY" have to go through the ABCMR (Army Board of Corrections for Military Records), but you can and should ask the State / Unit first, since you're supposed to expend all possible options BEFORE you go to the ABCMR. You can google the ABCMR claim form, which comes with instructions. There's a 3 year deadline to file a claim with them, but THEY have the option of extending that window "in the interests of fairness".

Beyond the ABCMR, there's the Court of Federal Claims. I don't know much about that process, but Jason Perry, the founder of PEB Forum is an Attorney who specializes in such things.

There's an Army HRC (Human Resources Command) power point brief floating around that completely strips all the safeguards of the INCAP regs. they WRONGLY base it on the missing language in DODI 1241.01 which omits the 30 days to pay requirement that's been the long standing requirement, their new and PUNITIVE maze has a MINIMUM of 8+ months delay (if things go to plan according to their flow chart) before an Incapacitated Soldier sees a dime in INCAP pay. Don't worry too much about this, but if your unit/State tells you that "you must have a completed LDI (line of duty investigation and determination) BEFORE you can get INCAP pay", they're WRONG and likely basing if off of this messed up HRC policy. If that happens, PM me and I'll help you with the references and such to form an appeal.

Read over DA PAM 135-381 with a fine tooth comb, paying attention to both your and unit's responsibilities, then formally request the INCAP. It's often a fight, but it is what's DUE, and worth it in the end.

Hope this helps...
 
I'm guessing you already know that DA PAM 135-381 and AR 135-381 are the Army's instructions and regulations regarding INCAP, also look at DODI's 1241.2 and 1241.01, the latter supersedes the former, but it's the latter (1241.2) that goes in depth about the safeguard's such as being paid within 30 days of formally requesting INCAP.

For this CURRENT period of INCAP, you should start by formally requesting INCAP pay through the unit CO, do it by email so that there's a record of the request and time/date stamp.

For the PAST period(s) of INCAP, you'll "PROBABLY" have to go through the ABCMR (Army Board of Corrections for Military Records), but you can and should ask the State / Unit first, since you're supposed to expend all possible options BEFORE you go to the ABCMR. You can google the ABCMR claim form, which comes with instructions. There's a 3 year deadline to file a claim with them, but THEY have the option of extending that window "in the interests of fairness".

Beyond the ABCMR, there's the Court of Federal Claims. I don't know much about that process, but Jason Perry, the founder of PEB Forum is an Attorney who specializes in such things.

There's an Army HRC (Human Resources Command) power point brief floating around that completely strips all the safeguards of the INCAP regs. they WRONGLY base it on the missing language in DODI 1241.01 which omits the 30 days to pay requirement that's been the long standing requirement, their new and PUNITIVE maze has a MINIMUM of 8+ months delay (if things go to plan according to their flow chart) before an Incapacitated Soldier sees a dime in INCAP pay. Don't worry too much about this, but if your unit/State tells you that "you must have a completed LDI (line of duty investigation and determination) BEFORE you can get INCAP pay", they're WRONG and likely basing if off of this messed up HRC policy. If that happens, PM me and I'll help you with the references and such to form an appeal.

Read over DA PAM 135-381 with a fine tooth comb, paying attention to both your and unit's responsibilities, then formally request the INCAP. It's often a fight, but it is what's DUE, and worth it in the end.

Hope this helps...


Thank you so much for taking the time to help!

My husband has his LOD determination completed and his command is supportive of INCAP, but they are just not fully versed in it so they are scrambling each step of the way. We have turned in all of my husband's paperwork (7574's, med records, pay stubs, etc) and are just in the waiting game now. He just turned in 18 monthly claim forms for the last 5 years. 6 are for Tier 2 (civilian) and the other 12 are for Tier 1 (missed drill).

My main concern is for the Tier 2's....is he eligible for incap pay for losing his job due to having his security clearance revoked for his hospitalization for bipolar? We turned in the paperwork, but I'm just curious if that situation in particular is incap pay eligible?

Thank you again!
 
Thank you so much for taking the time to help!

My husband has his LOD determination completed and his command is supportive of INCAP, but they are just not fully versed in it so they are scrambling each step of the way. We have turned in all of my husband's paperwork (7574's, med records, pay stubs, etc) and are just in the waiting game now. He just turned in 18 monthly claim forms for the last 5 years. 6 are for Tier 2 (civilian) and the other 12 are for Tier 1 (missed drill).

My main concern is for the Tier 2's....is he eligible for incap pay for losing his job due to having his security clearance revoked for his hospitalization for bipolar? We turned in the paperwork, but I'm just curious if that situation in particular is incap pay eligible?

Thank you again!
You'll have to PROVE a NEXUS between the loss of the clearance and job, that might be a doctor's statement, or the termination letter. And if its a period in the past, you can run it by your unit, but it will likely fall to the ABCMR to decide on. It can't hurt to try.

As for your unit not being versed in the process, the instructions for the unit are laid out in section 2-2 of DA PAM 135-381, Unit Responsibilities. Burn off a copy of the DA PAM, highlight their part of it, and hand it to them.
 
You'll have to PROVE a NEXUS between the loss of the clearance and job, that might be a doctor's statement, or the termination letter. And if its a period in the past, you can run it by your unit, but it will likely fall to the ABCMR to decide on. It can't hurt to try.

As for your unit not being versed in the process, the instructions for the unit are laid out in section 2-2 of DA PAM 135-381, Unit Responsibilities. Burn off a copy of the DA PAM, highlight their part of it, and hand it to them.
THANK YOU! I understand what you are saying. I'll see what kind of documentation my husband can get. Also, I'll have him provide his unit with the instructions. I appreciate your help!
 
Was your husband hospitalized for his ILOD condition and was he on duty when his condition was aggrivated? It may be kinda tricky when it comes to receiving medical care and incap pay being that he was not on duty. The fact that he was fired and was unable to find a will not qualify him for a INCAP pay. He would have to been under doctor's care and receiving treatment during the entire period to include the time he was fired. Now, he can collect incap pay while unemployed however. But the key to that is the doctor has to say he was not fit for civilian duty at the time of his hospitalization. Then if he had a job but was not working within those 5.5 years, he would need to go to each of his employers to have them to verify if he received any income for each month you are claiming on DA form 7574-1 signed by him, his employer, and Commander. Also he would need DA form 7574-2 signed by both he and his commander for each month incap is being claimed. His entire medical record would be needed as well as proof to support he showed up for appointments for treatment. He need a profile for his condition. He would need a copy of his orders. Ot appears that you have the other documentation from your post. Since he is in the Army Reserves the incap claims needs to go into the MEDCHART system in the INCAP section. Only select personnel has access to this system which is usually the unit administrator. This is the 1 on only way to initiate the claims. Don't worry about tiers as the board will determine if it's tier 1 or 2. Rule of thumb is to have the commander to request for tier 1. INCAP claims can now go back 7 years. What RSC does your husband's unit fall under or at least what state is his unit located? I can give you a POC directly to the people who processes those claims so you can get an accurate answer.
 
Was your husband hospitalized for his ILOD condition and was he on duty when his condition was aggrivated? It may be kinda tricky when it comes to receiving medical care and incap pay being that he was not on duty. The fact that he was fired and was unable to find a will not qualify him for a INCAP pay. He would have to been under doctor's care and receiving treatment during the entire period to include the time he was fired. Now, he can collect incap pay while unemployed however. But the key to that is the doctor has to say he was not fit for civilian duty at the time of his hospitalization. Then if he had a job but was not working within those 5.5 years, he would need to go to each of his employers to have them to verify if he received any income for each month you are claiming on DA form 7574-1 signed by him, his employer, and Commander. Also he would need DA form 7574-2 signed by both he and his commander for each month incap is being claimed. His entire medical record would be needed as well as proof to support he showed up for appointments for treatment. He need a profile for his condition. He would need a copy of his orders. Ot appears that you have the other documentation from your post. Since he is in the Army Reserves the incap claims needs to go into the MEDCHART system in the INCAP section. Only select personnel has access to this system which is usually the unit administrator. This is the 1 on only way to initiate the claims. Don't worry about tiers as the board will determine if it's tier 1 or 2. Rule of thumb is to have the commander to request for tier 1. INCAP claims can now go back 7 years. What RSC does your husband's unit fall under or at least what state is his unit located? I can give you a POC directly to the people who processes those claims so you can get an accurate answer.
 
Was your husband hospitalized for his ILOD condition and was he on duty when his condition was aggrivated? It may be kinda tricky when it comes to receiving medical care and incap pay being that he was not on duty. The fact that he was fired and was unable to find a will not qualify him for a INCAP pay. He would have to been under doctor's care and receiving treatment during the entire period to include the time he was fired. Now, he can collect incap pay while unemployed however. But the key to that is the doctor has to say he was not fit for civilian duty at the time of his hospitalization. Then if he had a job but was not working within those 5.5 years, he would need to go to each of his employers to have them to verify if he received any income for each month you are claiming on DA form 7574-1 signed by him, his employer, and Commander. Also he would need DA form 7574-2 signed by both he and his commander for each month incap is being claimed. His entire medical record would be needed as well as proof to support he showed up for appointments for treatment. He need a profile for his condition. He would need a copy of his orders. Ot appears that you have the other documentation from your post. Since he is in the Army Reserves the incap claims needs to go into the MEDCHART system in the INCAP section. Only select personnel has access to this system which is usually the unit administrator. This is the 1 on only way to initiate the claims. Don't worry about tiers as the board will determine if it's tier 1 or 2. Rule of thumb is to have the commander to request for tier 1. INCAP claims can now go back 7 years. What RSC does your husband's unit fall under or at least what state is his unit located? I can give you a POC directly to the people who processes those claims so you can get an accurate answer.

Yes, he was hospitalized for his ILOD illness (8 times over the last 7 years). He was fired because he lost his security clearance following his second hospitalization. His illness started on active duty and continued into his time as as reservist. He's been under a psychiatrist's care for 7 years now. We have 7574-2 forms for that unemployed period signed by a military doctor saying he was unfit for civilian employment. He was only unemployed for 6 months...he's had a job for the rest of the time in a totally different field. We have all medical records and all 7574 forms turned in to his commander already. My concern was simply that I didn't know if losing a clearance and thereby losing your job would classify as being eligible for incap pay. I have read the regulations over and over and know a lot about incap. My concern was just about our exact situation regarding the loss of job due to loss of clearance because of hospitalization.
 
Does your husband have a in the line of duty determination memo from his RSC approving his bi polar condition? The da form 2173 only documents the injury and the commander had to determine if the injury or illness warrants an informal investigation meaning the illness or injury was not due to negligence or mischief on part of the soldier or formal meaning the commander suspects negligence or mischief played a part in the injury or illness. There is a box at the bottom of the form that will indicate that. That form alone is half the approval process because now it needs to be forwarded to his RSC Health Services Department via the MEDCHART system for a final decision. Once they grant their decision then they'll issue a memo approving/disapproving the LOD That letter is important as it will ultimately hinge if medical care from the Army and incap pay will continue. DODI 1241.2 says incap can began 30 days from the date of the injury. However, if incap money is being received and the RSC LOD board denies his LOD then that money can be recouped per AR 135-381 and DODI 1241.2.

If your husband does not have this determination memo then his unit needs to enter all of his information in the MEDCHART system under the LOD module.

He needs to obtain a military profile as one of the documents needed for the INCAP claim.

Him loosing his job and wanting to get paid for his unemployment is not what the INCAP program is about. It's about receiving medical care and payment while the service member is receiving treatment and recovering from an illness or injury that incurred or was aggravated while in the line of duty. If the hospitalization was because of his bi-polar illness and he was under a doctor's care receiving treatment for the whole 6.5 months, then he should qualify for incap pay. The fact that he lost his security clearance and was fired had nothing to do with this.

If he has reoccurrng episodes then the Army should be paying for his care. As a reservist all care must be initiated through the MEDCHART system under the LOD section. If his current doctor is on the Tricare network then he can request an authorization/referral to continue seeing that doctor free of charge.

The most important action that needs to happen is it needs to be entered into the MEDCHART system under the LOD section first and then the INCAP section. The INCAP board will have the final say so on if they think it qualifies or not and what tier he's eligible for. What state and/or RSC does your husband belong to?
 
Does your husband have a in the line of duty determination memo from his RSC approving his bi polar condition? The da form 2173 only documents the injury and the commander had to determine if the injury or illness warrants an informal investigation meaning the illness or injury was not due to negligence or mischief on part of the soldier or formal meaning the commander suspects negligence or mischief played a part in the injury or illness. There is a box at the bottom of the form that will indicate that. That form alone is half the approval process because now it needs to be forwarded to his RSC Health Services Department via the MEDCHART system for a final decision. Once they grant their decision then they'll issue a memo approving/disapproving the LOD That letter is important as it will ultimately hinge if medical care from the Army and incap pay will continue. DODI 1241.2 says incap can began 30 days from the date of the injury. However, if incap money is being received and the RSC LOD board denies his LOD then that money can be recouped per AR 135-381 and DODI 1241.2.

If your husband does not have this determination memo then his unit needs to enter all of his information in the MEDCHART system under the LOD module.

He needs to obtain a military profile as one of the documents needed for the INCAP claim.

Him loosing his job and wanting to get paid for his unemployment is not what the INCAP program is about. It's about receiving medical care and payment while the service member is receiving treatment and recovering from an illness or injury that incurred or was aggravated while in the line of duty. If the hospitalization was because of his bi-polar illness and he was under a doctor's care receiving treatment for the whole 6.5 months, then he should qualify for incap pay. The fact that he lost his security clearance and was fired had nothing to do with this.

If he has reoccurrng episodes then the Army should be paying for his care. As a reservist all care must be initiated through the MEDCHART system under the LOD section. If his current doctor is on the Tricare network then he can request an authorization/referral to continue seeing that doctor free of charge.

The most important action that needs to happen is it needs to be entered into the MEDCHART system under the LOD section first and then the INCAP section. The INCAP board will have the final say so on if they think it qualifies or not and what tier he's eligible for. What state and/or RSC does your husband belong to?


He has the LOD form, fully approved. It was issued over a year ago. He has LOD for bipolar--approved. He has been and continues to receive treatment, that is not a concern of ours. He also has a military profile and that was included with his INCAP claim.

So, you're saying incap pay is not for losing your civilian job because of your LOD illness? I thought that is exactly what it was for?

While he was unemployed (which came after the hospitalization), he was under the treatment of a psychiatrist. So, only because he was receiving doctor's treatment during that time of unemployment, he is eligible for incap pay?

I'm confused.
 
The INCAP pay program is like a worker's comp program. The employee gets hurt on the job, is taken off the job for treatment, is paid for the entire time while under doctors care, and then released back to work. He can receive incap pay while unemployed but only for the purpose of being under a doctor's care at the time of the occurrence and the doctor orders him to seek treatment and recover from the illness or injury. The fact that he was fired holds no weight. If he had a job and the doctor says he's not fit for duty to work his civilian job while receiving treatment and recovering from his LOD illness, then because he is employed with the Army Reserves he can submit a claim for payment for lost wages.

Example, your husband was admitted into the hospital and remained under doctor's care for 3 weeks (only an example). During those 3 weeks your husband was fired. After the 3 weeks he was released from the doctors care without any work restrictions or military duty restrictions. Because your husband is now unemployed for 6 months, the INCAP pay will not be authorized since he is no longer receiving treatment and recovering for that LOD illness (very important). He can and will only be paid a prorated portion of incap pay for the 3 weeks he was under doctor's care receiving treatment and recovering while being unable to work. If he was receiving treatment and recovering for the entire 6.5 month then filing an INCAP claim is most appropriate.

Does he has the LOD determination memo from the RSC concluding the investigation that the illness occurred in the line of duty? This is separate from the DD Form 2173 as mentioned in my previous post.
 
One day I hope to share my whole story but it has been rough to say the least. I am in same situation as your husband and recently as of last 2 months found the regulation and read it instead of going off of word of unit.

I have been going through MEB for past 2.5 years with USAFR. Denied INCAP and told because I was unable to provide "proof of loss of civilian income".

My wounded warrior representative (greatest guy ever) pushed me to keep pressing my unit using DODi 1241.01 and everything you are saying is true under these 2 conditions:

Pg 14, SECTION 2 A. RC Service Member Unable to Perform Military Duties.

Pg 14, SECTION 2 B. RC Service Member Able to Perform Military Duties

I have been told for years to provide criteria for section 2B when I am in section 2A.

http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/124101p.pdf

DoDI 1241.01, April 19, 2016
14
ENCLOSURE 4
SPECIAL PAY AND ALLOWANCES FOR RC MEMBERS WITH AN IN-LOD DETERMINATION

2. INCAPACITATION PAY. An RC Service member with an in-LOD determination may be entitled to incapacitation pay upon request in accordance with sections 204(g) or 204(h) of Reference (f).
a. RC Service Member Unable to Perform Military Duties. An RC Service member who is unable to perform military duties as a result of an in-LOD determination is entitled to incapacitation pay upon request in accordance with section 204(g) of Reference (f) as implemented in paragraph 570607 and Table 57-3 of chapter 57 of Reference (n).
(1) The Secretary of the Military Department concerned or the Commandant of the USCG will determine if an RC Service member is unable to perform his or her military duties.
(2) The RC Service member unable to perform military duties and authorized incapacitation pay will not be allowed to participate in any inactive duty status. However, he or she may earn retirement points in order to satisfy the requirements for a qualifying year of service by completing correspondence courses approved by the Secretary of the Military Department concerned or the Commandant of the USCG.
b. RC Service Member Able to Perform Military Duties. An RC Service member who is able to perform military duties notwithstanding an in-LOD condition is entitled to a portion of incapacitation pay upon request for which he or she demonstrates a loss of earned income from non-military employment or self-employment as a result of such condition, in accordance with section 204(h) of Reference (f) as implemented in paragraphs 5706-07 of chapter 57 of Reference (n).


Not sure where your husband falls, but make sure the correct criteria applies to his situation.

Hope this helps and God bless.

- Flyer
 
One day I hope to share my whole story but it has been rough to say the least. I am in same situation as your husband and recently as of last 2 months found the regulation and read it instead of going off of word of unit.

I have been going through MEB for past 2.5 years with USAFR. Denied INCAP and told because I was unable to provide "proof of loss of civilian income".

My wounded warrior representative (greatest guy ever) pushed me to keep pressing my unit using DODi 1241.01 and everything you are saying is true under these 2 conditions:

Pg 14, SECTION 2 A. RC Service Member Unable to Perform Military Duties.

Pg 14, SECTION 2 B. RC Service Member Able to Perform Military Duties

I have been told for years to provide criteria for section 2B when I am in section 2A.

http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/124101p.pdf

DoDI 1241.01, April 19, 2016
14
ENCLOSURE 4
SPECIAL PAY AND ALLOWANCES FOR RC MEMBERS WITH AN IN-LOD DETERMINATION

2. INCAPACITATION PAY. An RC Service member with an in-LOD determination may be entitled to incapacitation pay upon request in accordance with sections 204(g) or 204(h) of Reference (f).
a. RC Service Member Unable to Perform Military Duties. An RC Service member who is unable to perform military duties as a result of an in-LOD determination is entitled to incapacitation pay upon request in accordance with section 204(g) of Reference (f) as implemented in paragraph 570607 and Table 57-3 of chapter 57 of Reference (n).
(1) The Secretary of the Military Department concerned or the Commandant of the USCG will determine if an RC Service member is unable to perform his or her military duties.
(2) The RC Service member unable to perform military duties and authorized incapacitation pay will not be allowed to participate in any inactive duty status. However, he or she may earn retirement points in order to satisfy the requirements for a qualifying year of service by completing correspondence courses approved by the Secretary of the Military Department concerned or the Commandant of the USCG.
b. RC Service Member Able to Perform Military Duties. An RC Service member who is able to perform military duties notwithstanding an in-LOD condition is entitled to a portion of incapacitation pay upon request for which he or she demonstrates a loss of earned income from non-military employment or self-employment as a result of such condition, in accordance with section 204(h) of Reference (f) as implemented in paragraphs 5706-07 of chapter 57 of Reference (n).


Not sure where your husband falls, but make sure the correct criteria applies to his situation.

Hope this helps and God bless.

- Flyer
When the service just flat out refuses to follow the regs, file an IG complaint (to check that box), then after giving them an appropriate amount of time (a few weeks) to let the IG run it's course (unless it turns to your favor) file a claim with the military board of corrections for your branch. The Army is the ABCMR (Army Board of Corrections, Military Records), not sure the USAF equivelent, but it should be easy for you to find. They are the ones who can correct what the service branch fails to.

Hope this helps...
 
When the service just flat out refuses to follow the regs, file an IG complaint (to check that box), then after giving them an appropriate amount of time (a few weeks) to let the IG run it's course (unless it turns to your favor) file a claim with the military board of corrections for your branch. The Army is the ABCMR (Army Board of Corrections, Military Records), not sure the USAF equivelent, but it should be easy for you to find. They are the ones who can correct what the service branch fails to.

Hope this helps...

Something told me to check back right now. This stuff is so stressful I dont even want to think about it but something told me to come back here today and not 15 min ago you posted.

That was the first time I was able to provide the black and white regulation to them. If they still stand firm then I will have no other choice but to go that route.

Thank you for your support and comments in your posts because you encouraged and strengthened me, and Im sure many others to keep going during our lowest times when its easier to lay down so thank you.
 
Kinda late to the party here but my boyfriend is having an issue with incap pay. He was injured in may during his annual training (Ga army national guard). He was initially told it was a sprain but continued to have issues. He was finally seen by a military doctor at our local base where it was determined he had torn the ligaments in his ankle and they healed improperly. He was told he was unfit for civ and mil duty on Oct 5. He's still unable to work and we are really struggling on just my pay. He has gotten is lod but everything seems to be getting stuck at a state level. What should we do next? He's in contact with his co everyday asking for an update.
 
Let me add my story. I am currently waiting separation from the Navy reserve unit here in San Diego.

In 2017, the unit sent me to an active duty training site in San Antonio, Texas. While I was there, I contracted an unknown illness and several other medical conditions at that time and to this date

It was a bitch to get the LOD approved. Cuz, as we all know; the armed service loved to denied shit. I was facing UCMJ with the old unit because I was injured on active duty and try to get the LOD approved?!!!

I then reached out to the US congress; since I am being bullied by the fuked up reserve unit And the reserve command in San Diego because I am an Injured Sailor?!!

Well; gladly the US congress step in and I got the LOD approved.

yet, the NMCSD denied Reservist to see at their facility.

I did the next best thing, I reach out to The US Congress on that. I got seen there shortly; but due to the war, U got sent out of the network.

oh and another bitch to deal with Tricare. Running BS meter of oh we dont do your care BS shit. Numerous time spent at the ER for my two medical conditions; and these ER visits have billed me to pay while I was at Drilling status.

I contacted the fuked up reserve command and new unit. Bs this and BS that; nothing mound up; ended up I pay for it; I wanted them to reimbursed me because under RegUlations the good Ole Navy need to flipped that bill not on the reservists.

No fear! I reached out to US congress; and only one of my multiple bills was reimbursed.

To all, whom are still facing BS from your units. Reach out to your congress rep at your locations.
To find which congressmen/congresswomen to rep on your behalf:
Type this in your browser-

House.gov

put in your zip code and it will bring up a list of who you can call and get this taken care of.

good luck all.
 
I was injured back in May 2021. I cemetery tore my right hamstring off my pelvic bone. My LOD was sent to state and approved in September. I started filling out the loss of pay from my civilian job from 19 May to when I went back to work 1 Sep 2021. Now March 2022 and I'm being told our PA has to sign a document but she can't get into her account and hasn't been able to since Febuary. I text and check every week and all I usually hear is no news. I was released to go back to work in September and back to drill in January 2022. But I have yet to get any Payment from 19 May- 1 September. Is there anyone I can contact to make this go a little faster? I had to use my savings to pay bills while I was out of work and emergency home repairs. 2 months will be a year I've been waiting for payments.
 
Going off the information I knew from when I retired. I'm guessing some things might have changed. There's supposedly a push to put injured Guard/Reserve Soldiers on orders rather than INCAP but that clearly didn't happen in your case.

The POC at the State is the Office of the State Surgeon (OTSS). Your First Sergeant and Company Commander should be the first people, use the Chain of Command as much as possible. My rule on that is give the CoC the first shot, even the second and third shot. If you still feel stonewalled, then filing an IG Complaint is a decent (not perfect) course of action.

Is the PA a Military Physician? According to the form DA 7574-1 [back page instructions] it must be signed by a Military Physician or one that works for the VA who's authorized by the military. The way it's 'supposed' to work, is the day you were injured an LOD was started, you were immediately advised of INCAP pay and your Unit had 2 weeks to get the paperwork up to OTSS with the Regulation stating that the Soldier will be paid INCAP within 30 days of the start, providing there's not clear evidence of fraud by the CO's assessment.

Then every month you're incapacitated, a packet that includes your Loss of Income statements, the DA 7574-1 (good for 90 days, they'll kick them back at 91), and any medical reports you've been given since the last report. The Unit is responsible for both helping you, and sending them up, and OTSS is responsible from there.

Guess how much of that is ACUALLY followed?

Back to YOUR issues, if your CoC isn't able to 'unstick' things after a reasonable amount of time, file with the State IG's office.
Be sure to include a paper trail of who've you've contacted, when, and the gist.
Where the bottleneck appears to be.
and the Financial Toll it's taken on you, as in late on the mortgage/rent, past due bills, and depleted savings.

Hopefully the IG will get things going, if not, the next and sadly last step is contacting your Congressional Representation.
You have 2 U.S. Senators, a U.S. Representative for your district, and to a lesser extent some State level Officials.
(hint: leading up to an Election is a terrible time to ignore an LOD injured Soldier)

Don't go to the Elected Officials or the IG first. Both will ask you if you've used the CoC, and the Elected Officials will likely ask you to file an IG complaint first.

Hope this helps.
Keep on them, they are FAILING their Soldier. The "lost my account access" is an EXCUSE, and no reasonable person would in your CoC, OTSS, IG or Officials should accept that EXCUSE with this amount of delay.
 
Thank you I have all the text messages and email from the start and I've kept all the paperwork. I'll give it a little more time but I'm also told our Readiness NCO is busy with the border mission so a lot of times my text messages go Un answered. But I'll end up having to file with IG. Thank ypu for the help.
 
Just make sure your 1SG and Company Commander are in the loop and have a fair chance too. Readiness NCO might not be doing that, and they will be ticked if an IG complaint comes back on them without a chance to "fix it first".
 
Hello,


I have never researched Incapacitation Pay, but the following regulation and DoD Instruction provide information regarding entitlement to the pay:


Reference: DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 57

VOLUME 7A: MILITARY PAY POLICY - ACTIVE DUTY AND RESERVE PAY (defense.gov) <----LINK


Incapacitation Pay


6.4 Incapacitation Pay/Disability Entitlements for RC Service Members (570604)


“6.4.1.2.3. Pay and allowances may not be paid for a period of more than 6 months. The Secretary concerned may extend such period in the interest of fairness and equity.”


Another reference:
DoD Instruction (DoDI) 1241.01

DoD Instruction 1241.01, April 19, 2016 (whs.mil) <---LINK


Good luck,
Ron
cc: @chaplaincharlie @Provis @Guardguy11
 
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