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CSRS & FERS Disability Retirement: The Physician I

Posted on November 17, 2008 by federallawyer

Initial inquiries concerning filing for Federal and Postal disability retirement benefits often ask the following question: Do I have a doctor to whom I can refer the individual? This question often follows upon the unfortunate circumstance that the individual does not have a very supportive doctor, or has been under the “medical care” of an OWCP-referral doctor.  The answer is always an unequivocal:  No.  The reason:  The Merit Systems Protection Board is very clear about the issue — that in Federal Disability Retirement cases, a medical report is persuasive when written by a doctor who has a long-standing patient-doctor relationship; has had regular contact with the individual; has had clinical contact over a sufficient period of time, such that the doctor can, within reasonable medical probability, provide a rational basis for stating that the individual is no longer able to perform one or more of the essential elements of his or her job. Thus, even before considering taking a disability retirement, it is important for the individual to make a proper assessment as to whether or not one’s doctor is “supportive”; if not, it may be a good idea to think about switching doctors, and finding one who is supportive.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM | Tagged: applicant's statement of disability, CSRS disability attorney, CSRS disability lawyer, federal disability attorney, federal disability lawyer, FERS disability attorney, FERS disability lawyer, FERS disability retirement, FERS medical retirement, getting OPM disability benefits, medical evidence, MSPB disability attorney, MSPB disability lawyer, OPM disability attorney, OPM disability lawyer, OWCP disability, OWCP doctors, physician's statements in an OPM disability case, Post Office disability, USPS Disability, Workers Comp disability, your treating doctors

« OPM Disability Retirement: First Steps OPM Disability Retirement: The Physician II »

One Response

  1. Jeff, on December 31st, 2008 at 8:55 pm Said:

    I have a supporting doctor (psychiatrist) for my federal disability retirement. He has deemed my condition permanent. However, our patient/doctor relationship is only 1 month. I had been seeing a psycologist for 8 months prior as well, but he did not believe my condition would be more than 1 year. However, the psychiatrist DOES and I am currently on a outpatient treatment plan with him. Medications, etc..He is currently working on a medical narrative in support of my disability retirement. Isn’t that great?Will this suffice even though we do not have a long term doctor/patient relationship? It was difficult finding a supporting doctor. P.S: Thanks for your wonderful articles on the internet. They answered many of my questions.

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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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