Disability Retirement for Federal Workers: Back Pain

Back pain — diagnosed by many different designations and causes, including Degenerative Disc Disease, Spondylolisthesis, spinal arthritis, multi-level disc bulges, disc impingement upon the thecal sac, sciatica, failed back syndrome, etc. — presents a variety of interesting dilemmas and creative solutions when formulating, preparing and constructing a narrative to describe and delineate the impact upon one’s Federal Disability Retirement application under FERS or CSRS.

What is interesting is how back pain — chronic cervical, lumbar or thoracic pain, often with accompanying radiating features which include symptoms of numbness, tingling and pain to the extremities — can impact both one’s sedentary job, or one’s very physical job.  Both can be equally and severely impacted.  

Then, of course, there is the conundrum of the “catch-22″ — without pain medications, one has such a high distractability of pain that one cannot perform either the sedentary job or the very physical job; yet, with pain medications, the sedation which results prevents one from performing the essential elements of one’s job.  Either way, back pain presents a serious medical issue in filing for Federal Disability Retirement benefits under FERS or CSRS.  

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, back pain is a serious medical condition which is a valid and viable basis for an effective application, if formulated and presented properly.

Sincerely, Robert R. McGill, Esquire

Federal and Postal Disability Retirement: OPM over OWCP

I still get many emails and phone calls about the onerous, “over-the-top” behavior, and the bullying tactics of OWCP/DOL temporary total disability payments & requirements — everything from constant, incessant and unending, harassing letters, to requiring further evaluations from second and third opinion doctors (or so-called doctors), to constantly requiring one’s treating doctor to justify the continuing disability status, thereby endangering the continuation of the doctor-patient relationship.  And who can criticize or blame the doctor for wanting to drop a patient for the amount of hours he/she has to put into, for “non-medical” issues, and for the time expended which the doctor will never be paid for? 

Yes, Worker’s Comp pays more.  Yes, it is non-taxable.  Yes, there are monetary reasons for staying on OWCP.  But the truth is, money doesn’t buy peace of mind or a life of lesser stress.  OWCP is meant to be a temporary means of providing income — it is not designed for the long term, and indeed, the Office of Worker’s Compensation makes that abundantly clear by their actions.  OPM Disability retirement under FERS or CSRS pays much less, but it allows for independence and a semblence of freedom, not even to mention a life of some dignity.

Sincerely,

Robert R. McGill, Esquire

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