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Federal Disability Retirement: Back to basics

Posted on November 4, 2008 by federallawyer

The complexities surrounding preparation of a Federal Disability Retirement application are endless: concerns about the preparation of a proper medical narrative report by the doctor; making sure that the applicant’s Statement of Disability is properly stated to accurately and insightfully reflect the medical condition of the Applicant; being prepared to cite proper legal authority when needed; knowing what information to provide and having enough wisdom to hold back information which is either irrelevant or insignificant, or contrary to proving your case; knowing that certain information may be kept for better use at a Reconsideration Stage if needed; and the Supervisor’s Statement.

As to the latter, it is important to have the certainty that inasmuch as an Applicant for Disability Retirement rarely has any control (or, for that matter, influence) over what is stated in a Supervisor’s Statement, it is important not to worry about it.  Instead, the energy and effort put into gather the necessary medical information and formulating a presentable and convincing disability retirement application should focus upon the medical documentation, the Statement of Disability, and the legal nexus between the two.  Disregard the things which are beyond one’s control; focus upon those things which an Applicant can control — and, if possible, get good legal advice.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM, OPM Disability Application - SF 3112 Disability Retirement Application Package, The Job of a Federal Disability Attorney | Tagged: accurate and proper medical documentation key for getting fers disability, an easy form for a more complex opm disability process, applicant's statement of disability, Applicant's Statement of Disability for CSRS, Applicant's Statement of Disability for FERS, applying for federal disability, case law citation in federal disabilities cases, complex issues surrounding a fers disability application, federal disability lawyer, filing for OPM disability retirement, getting relevant medical documentation key in securing opm disability, lawyer role in federal disability cases, legal & foundational argument, legal memorandum, medical narrative for federal disability claims, meeting an appeal deadline, OPM Disability Application, OPM disability application tips and strategies, OPM First Stage Disability Application, physician's statements in an OPM disability case, SF 3112B Supervisor’s Statement, statutory requirements in OPM disability law, the applicant's medical narrative report, the complexity of the fers disability process, USPS Disability, what injured postal workers can do to secure financial compensation for illnesses?, your treating doctors

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  • Other Resources for Injured/ill Federal or Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • Law Firm Profile
    • Main Website on Federal Disability Retirement
    • Message Board on Federal Disability Retirement
    • OPM Disability Blog
  • What's New on CSRS & FERS Disability Retirement

    • FedSmith.com Article: Common Principles to Follow
    • FedSmith.com Article: New Developments in Federal Disability Retirement
    • Legal Landmines in Federal Disability Retirement Law
    • MyFederalRetirement.com Article: Federal Disability Retirement Benefits for FERS & CSRS Employees
    • Understanding the Complexities of the Law
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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