incapacitation pay or orders

kad4233

kad4233

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I have never seen a Doc or had any back problems whatsoever. Close to 2 months ago I lifted a tool chest over into the bed of a pick-up truck and had some significant pain between the shoulder blades in the spine area. x-ray shows Degenerative Dics Disease probable mild trama possible. The pain has gotten much worse over the last 2 months and Im now having neck issues and a terrible time sitting for any length of time. My Dr is trying to get MMSO to authorize an MRI of my entire back, hopefuly next week sometime.

Im not taking any pain meds or limited duty but Im not sure how much longer I can keep this up. As soon as I start meds or am placed on limited duty, my civilian job is Federal Technican and they have already told me there is NO light duty work on my job. I plan on going LWOP from that point. LOD paperwork is at the JAG at this point, my Commander has already approved it.

Which would benifit me the most just in case I have a choice INCAP Pay or medical orders. I have 19 years 7 months Air National Guard today and I was told that even with INCAP Pay I could pull drills thru the first of the year and complete my 20 years.
 
I was placed on limited duty and pain meds Friday. I am a Dual status guardsman/ federal tech, my supervisor and commander both told me I couldnt work my techician job if I were on any kind of profile period. So at this point I am jobless and only have around a month or so of sick and annualI leave. I am concerned about being able to recieve incapacitation pay or orders until the issues with my back are resolved.

I met with the commander Monday made him aware of my leave situation and need to recieve incapacitation pay or orders. He told me LOD was approved by my unit commander and sent to the JAG. My commander said it would then be sent to the wing commander to decide what if any compensation I would recieve. Is it totally up to him? I have read AFRCI36-3004 several times in the last few days and 37 USC 204(g) (1) (a) seems to apply completely to my situation. The AFI says on page 1 "Compliance with this publication is mandatory". From what I understand reading the AFI and other research I have done, they are way behind the curb on thier responsiblities.
 
kad4233 said:
I have never seen a Doc or had any back problems whatsoever. Close to 2 months ago I lifted a tool chest over into the bed of a pick-up truck and had some significant pain between the shoulder blades in the spine area. x-ray shows Degenerative Dics Disease probable mild trama possible. The pain has gotten much worse over the last 2 months and Im now having neck issues and a terrible time sitting for any length of time. My Dr is trying to get MMSO to authorize an MRI of my entire back, hopefuly next week sometime.

Im not taking any pain meds or limited duty but Im not sure how much longer I can keep this up. As soon as I start meds or am placed on limited duty, my civilian job is Federal Technican and they have already told me there is NO light duty work on my job. I plan on going LWOP from that point. LOD paperwork is at the JAG at this point, my Commander has already approved it.

Which would benifit me the most just in case I have a choice INCAP Pay or medical orders. I have 19 years 7 months Air National Guard today and I was told that even with INCAP Pay I could pull drills thru the first of the year and complete my 20 years.
Click to expand...


Uhhhh......probably not. If you are claiming incap based on "fitness for duty" (block 31 or 37 checked on your 469), you can only do your Drills if you get a waiver.....and if you do, you are considered "fit for duty"....and you LOSE INCAP!!!


you're in VERY dangerous territory. PM "ruptured duck" on this one.
 
Surely this will drag out until 16 Dec 12? That is the day I reach 20 years.

I have printed out, read and highlighted every AFI Instruction and Derective I can find. Thinking I may be over my head. Ive seen the leadership at my base bulldoze over folks too many times. Seriously considering the thought of getting a lawyer to at least advise me..
 
If you take sick or annual leave you can't receive incap pay. You are going to request reimbursement of lost civilian income. You don't have any lost income if you take leave. You need a LOD that is approved as in line of duty (look for an endorsement with the command line "BY AUTHORITY OF THE SECRETARY OF THE AIR FORCE). Then you have to submit documents to verify you were unable to perform your duties. I am assuming you were injured while on a military duty status and not as a technician?
 
Thanks for the replies.

Correct Mr Mercanti, I was in drill status June 2 2012. I am taking leave from my TECH job but just enough to pay the bills. So I do still have lost income. I have a TECH disability policy with ING insurance. It pays some after 30 days and more after 90. Going to give them a call tomorrow.

Very concerned that I have a partial year to complete (because of a break in service) 30 July 2012 to 16 Dec 2012 (135 days total) I need to earn 19 pts in that time period somehow. I havent been placed on any official military profile yet, so I will showing up for drill. Maybe I can convince them to allow me to drill.

If I am put on INCAP pay is there anyway I can earn points? If I am boarded out of the service will I be put on any type of orders during the process that I can accure points? Should I be on point accuring orders during medical treatments for the LOD injury?

Thanks
 
Incap pay is either the inability to perform your military duties (which gives you full pay and allowances less any earned income) or inability to perform your civilian job (which provides reimbursement of lost civilian income up to your military pay and allowances). So if you are claiming lost civilian income, your ability to perform your military duties shouldn't affect your incap pay (check the Air Force regs to make sure nothing has changed) so you should be able to drill. However, income derived from other sources is deducted from your incap pay regardless of which you fall under. Incap pay is NOT a duty status and you are not given retirement points (other than membership points) for the time you are on incap unless you perform duty or complete correspondence courses. Normally soldiers are not placed on orders except when reporting for the MEB, and those orders are normally for points only. Hope this helps.
 
So just to clarify, if I was making $2000 a month on while on orders and my civilian job now only pays $1000 a month, would INCAP would pay the $1000 difference per month in lost income? And how are pay and allowances calculated? Based on home of record or the last paycheck (overseas, COLA, family sep, etc.)?
 
If a military physician says you are unable to perform your normal military duties, you receive your full military pay and allowances less any earned civilian income. I believe that pay is based on the location of your USAR or ARNG unit. If you can perform your normal military duties but cannot work your civilian job, you are reimbursed any lost civilian income up to your full military pay and allowances.
 
What a mess. Injury happened on 2 June and I worked 6 weeks after the injury until my Dr put me on limited duty and I was told I couldnt come to work (Federal Tech), LOD signed by the base commander. 6 weeks since my Dr requested a full MRI of my back based on the radioligist report of my x-rays and nothing pre-authorized as of yesterday. Losing function in my left arm hands are numb half of the time lots of pain. Very frustrating.

On top of that I was told I could do drills but no Annual Training and not my Federal Tech job. I made up a drill, then on the application for incap pay the clinic marked not fit for military duty? Ive had to make 4 (180 mile) round trips up to base (not in any type of pay status) this month just trying to get my pay started. Still nothing. Not to mention the trips to the Dr some of them more than 100 miles round trip. I have some savings but with house payments, car payments, electricty, insurance, phone, 2 small kids starting school, gas @ $3.74 a gallon and $0 coming in it wont last long. grrrrrrrrrr In reality how long should it take to get INCAP started?

I really believe they know less about this at my base than I do. The SMSgt in charge of this program whipped out a freshly printed 2008 copy of ANGI 36-3001 I cant find anywhere all I have to go by is ANGI 36-3001 dated 1996.

Thanks in advance for any info
 
What status were you in when your were injured?

I would talk with your Human Resources people. If you are FERS/OPM employee, you should be accommodated or else given disability retirement.

Have you considered applying for SSDI?
 
Good news bad news.

Good...
I can drill and accumulate points. My INCAP pay will be what I make on my Federal Technician job minus what I make on drills. I should get my first check at the end of the month. (Will I get back pay from the day I started loss of income?

Bad...
MRI preauthorized but not of the parts of my back that I need. Typical. Guess this isnt going to be easy either.

Promotion board is 5 Sep and everyone but me had failed thier PT test so if not for this line of duty injury that profiled me I would have been promoted. I have never been on profile in almost 20 years of service. I get hurt doing my job and it cost me a certain MSgt stripe. Doesnt seem fair but supposedly thats the way it is.

Thanks for all the info
 
2.5 months into the INCAP pay finally got my MRI preauthorized and pictures taken last week. My Dr is out of the country until last of Oct and booked up until Mid Nov. That puts me almost 5 months into INCAP pay before I even begin any type of treatment. I got to look at the Radiologist Report 2 buldging disc and significant narrowing pinching nerve roots upper and lower back, athritis pretty much stem to stern. I know I can file an exrtension at 6 months for the INCAP but at the end of a year thats is it. There is no doubt in my mind I will loose my Federal Tech job over this LOD injury and be medically retired from ANG. They were already pushing me over sleep apnea migranes and blood pressure. I go over 20 years 16 Dec, If I can hang on until then I should be able to squeeze out enough points for the partial year I need.

I will be get the 60/40 federal disablity retirement. Guess my question is am I just out of luck at the year mark and need to start looking for another job? Or is there a chance I may get compensation from the VA to supplement my disability?

Thanks
 
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