Posted on July 11, 2008 by federallawyer
In fighting to prove one’s eligibility for Federal Disability Retirement benefits, a recurring argument which the Office of Personnel Management often alleges is that an applicant failed to follow the treatment recommendations of the treating doctor.
Such an argument can prove to be fatal to an applicant’s case, but it is good to know the parameters [...]
Filed under: Federal Disability Judge-Made Decisions Quoted, Reasonable Medical Treatment and Compliance Issues | Tagged: avoid giving the opm an excuse or "basis" for denial, civil service disability, disability retirement consequences of self-treatment, disability retirement opm, federal employee disability doctor, if your medical treatment is "reasonable" or not, importance of following up medical disability treatment, invasive surgery, medical and surgical treatments in opm disability decisions, medical condition, medication treatment on federal disability retirement cases, Merit Systems Protection Board and OPM disability, minimally invasive spine surgery, misinterpretation or misapplication of OPM disability law, mistakes that can cost you an opm disability denial, OPM disability appeal to the MSPB, OPM disability application tips and strategies, OPM medical retirement, OPM's methodology, OWCP medical treatment, physician's statements in an OPM disability case, Postal disability retirement, pragmatic methodology, prescribed medication regimen and opm disability, reasonable medical determination, statutory requirements in OPM disability law, Terry Davis v. the Office of Personnel Management, what's reasonable treatment, why is so important to take all your drugs in opm disability?, your treating doctors | Leave a Comment »
Posted on March 20, 2008 by federallawyer
While the issue of ‘causality’ is not one which often comes up in OPM disability retirement cases (by obvious contrast, of course, is the fact that causality, whether it was caused while working, on the way to work, outside of the parameters of work, etc, is often an issue in OWCP/DOL cases), there are certain [...]
Filed under: Reasonable Medical Treatment and Compliance Issues, U.S. Merit Systems Protection Board (MSPB), When The OPM Application Is Denied | Tagged: Baker v. Office of Personnel Management, chronic back pain among postal workers, chronic back pain is usually a disabling condition, civil service disability, disability retirement for injured Veterans Affairs employees, federal owcp, federal employee disability, federal employees with disabling back pain, federal medical retirement, federal workers comp, FERS Disability, filing for OPM disability retirement, getting OPM disability benefits, important warnings when filing for opm disability retirement, low back pain and your federal job, non job related injures or illnesses, non job related injuries or illnesses, obesity in OPM disability retirement, OPM disability doesn't have to be job-related, OPM medical retirement, OWCP benefits for federal workers, OWCP has to be job-related, OWCP lawyer for federal employees, Post Office disability, Postal Service disability, prescribed medication regimen and opm disability, reasons for opm disability retirement, reasons why the opm can deny disability application, resources for injured federal workers, USPS disability retirement, when causation is an issue in opm disability law | Leave a Comment »
Posted on March 19, 2008 by federallawyer
First, a quick clarification: I have had periodic calls concerning the time-frame in filing for disability retirement. The Statute of Limitations in filing for disability retirement is one year from the date you are separated from Federal Service — not from the date you were injured, or from the time you stopped working, etc. Next, [...]
Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM, Clarifications of Laws or Rules, OPM Disability Application and/or Process, Reasonable Medical Treatment and Compliance Issues | Tagged: avoiding mistakes during opm disability filing, Bruner Presumption, fighting a proposed removal by Postal management, financial considerations, Initial Stage of the OPM disability process, Notice of Removal, OPM disability Statute of Limitations, OPM Reconsideration Stage, physician's statements in an OPM disability case, SF 3112C Physician's Statement, US laws and statues of OPM disability retirement, why opm disability retirement can be denied?, your treating doctors | 2 Comments »
