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INCAP pay ANG

Corey13B

Member
Registered Member
So i have searched the forums and have found a lot of info on INCAP pay, but not what i'm looking for. I was injured in Iraq Jan 2010 and received an LOD, or i thought it was submitted. All the paperwork was filled out and signed. Upon returning to homestation i was transfered back to my original Unit. Well i found out April 2012 that i didn't have an LOD, i was shocked. I gave them all of the original paperwork and finally got an approved LOD. Now i'm about to be put on a NO Drill profile for the injury because i'm scheduled to have surgery.

My question is, if i'm Unemployed, am i able to receive INCAP pay and does that pay me for the whole month like i would if i were active duty? Because my Readiness NCO is telling me i have to have a job to receive it, and if i do receive it, i will only be paid for the day's my Unit Drills. is this correct?
 

Jason Perry

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NO!!!

If you are receiving civilian pay, that will offset (or reduce) your receipt of full pay and allowances (active duty) that you would otherwise receive.

I see this issue all of the time. It is a HUGE issues, and one of the gross injustices I see in dealing with disabilities incurred by reservists in the line of duty. Here are a few thoughts:

  1. It is difficult to fight anything under any system until you have been denied- so the first step is to apply. If granted, then you are right as rain and have gotten what you have asked for- INCAP pay, in this instance. But until you apply, you have nothing to fight against. APPLY for it and then let them them respond. If they deny, then you have some avenues to appeal.
  2. The Readiness NCO is not the decision authority. There is an Incapacitation Review Board that makes the initial decision. However, remember that the unit commander (or his designee) has the obligation to assist you in applying (and also has the obligation to counsel you- it should go without saying, correctly- on your entitlements).
  3. Depending on your situation, you may have a claim for wrongful discharge. Additionally, if you condition prevents performance of military duties, it almost certainly means you fail retention standards and should be referred to an MEB and PEB.
 

Ed Mercanti

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PEB Forum Veteran
Registered Member
Actually, being unemployed could result in the denial of incap pay. It depends. If a doctor certifies that you are unfit to perform your military duties, than it doesn't matter. If the doctor says you are FIT to perform your military duties but can't look for work because of your injury, than no, you are not eligible.

AR 135-381

1–8. Members unable to perform military duties

a.
A member who is unable to perform military duties because of incapacitation under the circumstance described in

paragraph 1–6 is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian

earned income for the same period the member receives incapacitation pay (see DOD 7000.14–R, Volume 7A for

entitlements).

b.

Incapacitation pay under paragraph 1–8a is adjusted only by the amount of earned income received. The civilian

income of the member other than earned income received will not be a consideration in calculating incapacitation pay

under that paragraph.

c.

For establishing fitness, an RC member will be determined to be unable to perform military duties if, under

service procedures in AR 40–501 the member would be determined to be medically unfit to perform his or her military

duties.

d.

A member authorized incapacitation pay under 37 USC 204(g) of reference will not be allowed to attend IDT or

4 AR 135–381 • 27 December 2006

to acquire retirement points for performing IDT. A Soldier attending IDT and performing military duties may be

evidence that they are not suffering from a disability that entitles them to incapacitation pay (tier 1 cases). This will not

be used as a basis for terminating entitlement to medical treatment.

e.

Return to or acceptance of civilian employment may not terminate entitlement to medical care at Government

expense.

1–9. Members able to perform military duties


Members able to perform military duties, but demonstrating a loss of earned income as a result of an in-the-line-ofduty

incapacitation, will be compensated for lost earned civilian income. The compensation under this provision will be

the lesser of the amount of demonstrated lost civilian income in the amount not to exceed military pay and allowances

for which the member would be entitled if serving on active duty. Members will be compensated for loss of earned

civilian income in accordance with 37 USC 204(h) and DOD 7000.14–R, Volume 7A, table 57–3.
 

Jason Perry

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Ed,

Good point- my assumption was that he was found unable to perform military duties. (He states that he is about to be placed on "NO DRILL" profile).
 

Ed Mercanti

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I missed the "no drill profile" Jason. You were right on the money.

Ed
 

Corey13B

Member
Registered Member
Thank you for the replies! earlier this year from July 2012-October 2012 i was on a no drill profile. I never filled out any paperwork for Incap pay, but my Readiness NCO stated that i was granted it. Well i got paid for July Annual training, than for August i only got $100 from a Muta 6 Drill schedule, that to me does not sound like Incap pay. That looks like i received only my drill pay, but a reduced amount. I never received September drill Pay. I have no idea why i'm not on a No Drill Profile right now like i was before, because the Military knows i am going to be getting 2 spinal fusions. I will call my case manager to see whats up with that. But i contacted my Readiness NCO 2 days ago, and we all know there are those Lazy Soldiers out there, therefore i haven't received a Phone call back.

I will Fill out the Incap pay paperwork, as well as print out the Reg and Highlight what it specifically says so i can Educate the Uneducated. If that does not work, i will than jump the hoops and contact JAG. I do know that my whole Homeless and financial situation should have never happened, because from what i know, i should have never been released from Active orders after my Deployment because of that LOD. But i think because My Battalion commander at the time wanted everyone home at the same time, i believe My LOD paperwork was just pushed to the side. My current Unit is quite a bit upset, because i should not have been transfered from my deployable unit to My home unit with that open LOD.
 

Ed Mercanti

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Key is having a statement from a military physician saying you can't perform your military duties. If you have that, you are entitled to your FULL pay AND allowances, less any earned income.
 

Corey13B

Member
Registered Member
The Neurosurgeon i'm seeing is a civilian Doc. They forward all the paperwork to G1 Medical, so it would be my civilian Neurosurgeon that would write that note, is that ok or does it have to be a military physician?
 

Ed Mercanti

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
AR 135-381 says "
c. For establishing fitness, an RC member will be determined to be unable to perform military duties if, under service procedures in AR 40–501 the member would be determined to be medically unfit to perform his or her military duties."
Since a civilian physician wouldn't know whether a medical condition would render someone unfit to perform military duties under AR 40-501, the civilian medical records would have to be evaluated by a military physician.
 

Corey13B

Member
Registered Member
Awesome!

Thank you for that clarification! Ill get all of this figured out and put in place. Ill reply if i have issues or need more guidance!! Thank you!
 

HIANG Officer

PEB Forum Regular Member
Registered Member
Does anyone know how the AF 469 plays into incap pay? My AF 469 has a release date of Aug 2013 and is code 37 for required MEB. Also, does the form need to say "not fit for military duties" or is it assumed? Thanks for any advice or inputs.
 

rog0311

PEB Forum Regular Member
Registered Member
If you can't work anymore because of your medical injuries or if they prevent you from working.. you do qualify for INCAP PAY... the problem ithat I came across when I applied was that .. sometimes the people who do INCAP PAY misinterpret the ARMY INCAP REGS.. So I advice you to download the most current pdf. INCAP ARMY REGS.. and become familiar with them.
 

Jack

PEB Forum Regular Member
PEB Forum Veteran
You dont have to have a military DR. Look at the instructions on the back of the form the DR completes. I had my VA DR complete it. And it was approved. And I have chit sorry lazy unit I had to stay after to git what I wanted done.

The DR has to check not fit for civilian and not fit for military. He has to back it up with medical evidence.

Read the regs to educate your self.

Private message me if u like.

At the same time do as Jason suggested to find out if you need an MEB.
 

corona12

Member
Registered Member
I was injuried on drill status and recieved an LOD. I was told i should recieve incap pay. I had surgery Jan 21. I still have not recieved any payment or info from my unit. Found out today it is at state level. I was then told I might not recieve it bc I am a full time student now, and was at the time of my injury. I am not fit for duty. Nor will I be released from my Dr for another 6 to 12 months. Am i exempt bc I was not employed and just a student?
 

Ed Mercanti

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
If you have a military physician that says you are unable to perform your normal military duties, you are entitled to your full military pay and allowances. What your unit is citing is when a Reservist/Guardsman CAN perfrom normal military duty but can't work their civilian job. If you're unemployed, you get nothing.
 

danp75

PEB Forum Regular Member
Registered Member
been on continous orders from 2010 til my injury may 2012 during training. Got an LOD June 2012 med group put me on Incap due to me status of living out of state that my Guard unit is in. Had surgery in Oct 2012, Physical Therapy since then Incap ended in Dec 2012. Doctor never released me back to full duty cause knee was not healing. Stilling going through Physical Therapy and Doctor says I need surgery again on knee and now Air Guard doesn't want to put me on any orders or begin Incap again. From this injury I have not been able to get a civilian job. Any one have any idea what I can do.
 

Ed Mercanti

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Get the doctor to say that you can't perform your normal military duties (same forms as before). Then your unit has no choice but to submit you for incap pay.
 

Chrisfromnc

Well-Known Member
Registered Member
Hello,
I’m a N.C. Air Force Guardsman with a LOD injury under title 32. I was placed on INCAP Pay for 10-months. I was also told/briefed to signing documents that stated INCAP Pay (Tricare) would only care for injury itself. And that I would still have to pay premiums to my own civilian BCBS insurance (FEHB) to keep/continue medical coverage on myself and family. Over those months, I played several thousands of dollars keeping my civilian BCBS (FEHB) coverage up to date (not to mention dental). I’m hearing from others that my family should have been fully covered along with me under Tricare, but I can’t find that in writing. Have I been screwed or is that the way it is?! Does anyone have any guidance on this?
Thanks for your time.
 

Ed Mercanti

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello,
I’m a N.C. Air Force Guardsman with a LOD injury under title 32. I was placed on INCAP Pay for 10-months. I was also told/briefed to signing documents that stated INCAP Pay (Tricare) would only care for injury itself. And that I would still have to pay premiums to my own civilian BCBS insurance (FEHB) to keep/continue medical coverage on myself and family. Over those months, I played several thousands of dollars keeping my civilian BCBS (FEHB) coverage up to date (not to mention dental). I’m hearing from others that my family should have been fully covered along with me under Tricare, but I can’t find that in writing. Have I been screwed or is that the way it is?! Does anyone have any guidance on this?
Thanks for your time.

Huh?? Follow-up medical care isn't under Tricare. You are supposed to be given medical treatment at military medical treatment facilities (MTFs) if available, Government (VA) if not, and civilian if neither one is available. Your family is not covered under incap pay status. While on incap pay you are on the military's version of workmans compensation. It provides for YOU.
 

danp75

PEB Forum Regular Member
Registered Member
As long as you keep your LOD up to date you are only covered for that specific injury. You are only covered not your family which does suck. But medical treatment for yourself can be taken care of at your nearest MTF there is usually a liaison within the MTF's for Wounded Warrior/LOD that takes care of us on LOD's. I was referered out to town because they didn't have enough providers on base but all other care is done on base i.e. Physical Therapy, x-rays, Lab prescriptions. If you have your ow insurance for yourself and family you still have to pay out of pocket but at least military has to take care of your injury until the doctor says you 100% fit for duty or you go up for MEB if injury continues. Good luck any questions reply
 
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