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CSRS & FERS Disability Retirement: The Doctor & the Applicant

Posted on July 14, 2009 by federallawyer

Before a client hires an attorney to obtain Federal Disability Retirement Benefits under FERS or CSRS, it is important that he or she has an initial commitment from the treating doctor, that a medical narrative report discussing and addressing the specific issues surrounding Federal disability retirement will be prepared. While medical reports are always helpful, and sometimes a disability retirement application can be successfully prepared, submitted and approved with the supporting documentation being comprised entirely from treatment and diagnostic records, such an application can only be compiled with the assistance of an experienced attorney. The properly prepared medical narrative is crucial to the success of a Federal disability retirement application, generally speaking. Further, the compendium of case-laws issued by the Merit Systems Protection Board over the past decade (and longer) clearly reveal that greater weight will be given to a medical disability retirement narrative prepared by a treating doctor of long-standing tenure having a doctor/patient relationship, as opposed to a single-examination doctor for purposes of disability determination. The key? Form that bond with the treating doctor — such that the treating doctor is truly your “treating physician”.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM | Tagged: advising your treating doctor about your opm disability application, california federal disability retirement, disabling diagnosis information on narrative report, doctor and patient relationship, duty status report, explaining conditions that warrant a civil service disability, federal disability retirement is not total disability, federal disability retirement law firm, FERS disability retirement, fers disability retirement law firm, forming a bond with your treating physician, how to approach your doctor for help?, independent and occupational medicine for federal employees, medical evaluation from primary treating physician, medical narrative for federal disability claims, medical narrative reports that support a federal employee's claim, medical report from treating physicians for fers disability claim, Merit Systems Protection Board, obtaining cooperation from family doctor, occupational disease or illness in federal installations, occupational medicine report and the federal employee, Offer of Modified Assignment (Limited Duty) PS Form 2499X, opm disability as part of the rehabilitation and healing process, opm disability forms, OPM disability retirement, opm disability versus workers comp, opm medical disability, owcp disability retirement, OWCP Termination of Benefits, patient-doctor bond improves chances for fers medical retirement, post office light duty, postal disability retirement is not full disability, postal service disability retirement, postal service employee injury compensation claim, postal service workers compensation claims, postal workers with personal injuries, regulatory requirements of a fers disability medical report, securing commitment from your treating doctor, SF 3112C Physician's Statement, single examination and second opinion doctors, the advantage of a doctor of long-standing tenure, the role of the injured federal employee treating doctor, the success of a federal disability retirement application, usps request or notification of absence, when the federal job is not longer a good fit for federal employee, why your doctor's support is critical to your opm disability claim, writing a narrative report for federal employee patients

« OPM Disability Retirement: The Patient/Applicant OPM Disability Retirement: The Doctor II »

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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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