Incap pay

Hi all,





I’m a Marine Corps E-8 in the Reserves, currently in the IDES process, and I’ve had ongoing issues with my Line of Duty (LOD) and Incapacitation (INCAP) pay. I’m looking for advice from anyone who’s been through this, and I’m also trying to find a lawyer who handles INCAP/LOD cases.





  • I was placed on an LOD in June 2022 after a serious accident with multiple injuries. I was hospitalized, went through inpatient rehab, and was not cleared to return to drill until August 2024.
  • My INCAP pay was originally supposed to expire in February 2023, but no one in my unit counseled me about requesting an extension or continuing benefits.
  • I remained incapacitated and unable to work in my civilian job until at least February 2024, with medical documentation to prove it.
  • Despite still being on an active LOD, I have never received a single INCAP payment.
  • The first time anyone explained INCAP or my rights was in April 2025, when I was given a 6105 counseling entry. By then, years had passed without pay.
  • I am still officially on LOD status today, but my pay issue has never been resolved.







What I’m Hoping to Learn:





  1. Has anyone fought for retroactive INCAP pay when their LOD was still active but the unit never processed payment?
  2. What steps or documentation worked in your case?
  3. Are there any lawyers who specialize in Reserve INCAP/LOD issues that you’d recommend?
  4. Is it possible to recover all back pay (2022–2024 and beyond) since I’ve never received anything?


I feel like my command completely dropped the ball, and I want to make sure I pursue every avenue to get the pay I should have received while on LOD. Any advice, lessons learned, or attorney referrals would mean a lot.
 
Click to expand...
roycepa said:
Hi all,





I’m a Marine Corps E-8 in the Reserves, currently in the IDES process, and I’ve had ongoing issues with my Line of Duty (LOD) and Incapacitation (INCAP) pay. I’m looking for advice from anyone who’s been through this, and I’m also trying to find a lawyer who handles INCAP/LOD cases.





  • I was placed on an LOD in June 2022 after a serious accident with multiple injuries. I was hospitalized, went through inpatient rehab, and was not cleared to return to drill until August 2024.
  • My INCAP pay was originally supposed to expire in February 2023, but no one in my unit counseled me about requesting an extension or continuing benefits.
  • I remained incapacitated and unable to work in my civilian job until at least February 2024, with medical documentation to prove it.
  • Despite still being on an active LOD, I have never received a single INCAP payment.
  • The first time anyone explained INCAP or my rights was in April 2025, when I was given a 6105 counseling entry. By then, years had passed without pay.
  • I am still officially on LOD status today, but my pay issue has never been resolved.







What I’m Hoping to Learn:





  1. Has anyone fought for retroactive INCAP pay when their LOD was still active but the unit never processed payment?
  2. What steps or documentation worked in your case?
  3. Are there any lawyers who specialize in Reserve INCAP/LOD issues that you’d recommend?
  4. Is it possible to recover all back pay (2022–2024 and beyond) since I’ve never received anything?


I feel like my command completely dropped the ball, and I want to make sure I pursue every avenue to get the pay I should have received while on LOD. Any advice, lessons learned, or attorney referrals would mean a lot.
Click to expand...
Hire an attorney. I will send you references
 
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