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Federal & Postal Service Disability Retirement: The Workplace

Posted on November 9, 2009 by federallawyer

When a Federal or Postal employee is considering filing for Federal Disability retirement benefits under FERS or CSRS, there are many and varying conflicting responses, wrapped and bundled in emotional turmoil, reactionary and concerned viewpoints, etc.  Stories of a “hostile work environment”, of discriminatory actions, harassing supervisors, etc., are often part of the “narrative” of a person considering filing for Federal Disability Retirement. 

One must be careful, however, that when the affirmative decision to file for disability retirement is made, that only those relevant aspects of the narrative be included in the final disability retirement packet.  Things which do not provide a compelling basis for proving, by a preponderance of the evidence, the necessary criteria for meeting the legal standard to be approved for Federal Disability Retirement benefits under FERS or CSRS or, just as importantly, things which will harm a disability retirement application– they should be left out of the final narrative. 

Such issues surrounding a “hostile work environment” or a harassing supervisor — such perspectives or narrative formulations which come close to the dangerous precipice of showing that one’s medical disability is merely a “situational” disability (those medical conditions which are specifically confined to a specific situation in a specific agency’s office environment) — should certainly be left out of the final narrative.  This brings up a further point, which I have touched upon many times in the past:  a person without an attorney to formulate the narrative in filing for Federal Disability Retirement benefits is often too close to his or her own case, and cannot objectively present the proper narrative to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Filed under: Mental/Nervous Condition, OPM Disability Process - 1st Stage: OPM Disability Application | Tagged: abusive supervisors and federal disabled workers, an emotional vs. reasoned personal account of disability, assisting clients that have tried to file for disability without an attorney, attempting opm disability without representation, attorney experienced in dealing with fers disability retirement claims, attorney representation before the office of personnel management (opm), avoiding using the "hostile environment" term in your opm disability claim, bullying postal supervisor and the injured federal employee, cases where the opm claims situational disability, CSRS disability retirement, disability retirement with the post office, eeoc federal employee disability claims, emotional issues are understandable but don't let them ruin your application, emotional turmoil at the post office, equal opportunity issues and federal disability claims, experience and results for federal employee disability claims, federal disability retirement is a medical claim not an equal opportunity one, federal employee disability lawyer, fers disability for mental problems is possible if you avoid some pitfalls, FERS disability retirement, focusing on medical substantive issues not emotional problems, getting rid of emotional baggage during fers disability application, harassment and bullying by federal government supervisors, harassment without accountability at the USPS, issues to mention that will help your usps postal disability claim, keeping emotionalism to a minimum, nationwide representation of federal employees, one easy reason the opm can use to deny your disability claim, opm disability for stress is possible just don't make it situational, opm disability law and the preponderance of evidence concept, OPM disability retirement, opm situational disability as a landmine difficult to overcome, postal workers disability psychiatric disability in OPM disability retirement, preponderance of the evidence concept in fers disability law, preponderance of the evidence documents, psychiatric disability in OPM Disability Retirement, representing federal employees in and outside the country, situational disability and the hostile environment claim, situational federal disability, taking your federal disability claim with calm and in the hands of a professional, the danger of postal disability retirement for stress, the dangers of getting your opm claim situational, the revenge of a postal supervisor, us postal service disability retirement, USPS disability retirement, when personal emotions overtake rational thoughts during application process

« CSRS & FERS Disability Retirement: Indicators OPM Disability Retirement: The Workplace (Part 2) »

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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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