Whether we like to admit it or not, we all operate, in all segments of our lives, from a certain “paradigm” (reference Thomas Kuhn, Structures of Scientific Revolutions) or “world-view”. When it comes to Federal Disability Retirements, the majority of Federal and Postal workers who comes to me have a pre-formed, generally negative attitude about the chances of getting it. This is because they have heard too many horror stories; or they have had horrendous experiences with OWCP filings, or EEOC complaints, or other experiences which they then relate to how the disability retirement process must be.
Yet, all Federal and Postal employees must understand that the process of Federal Disability Retirement has many, many inherent advantages which make it different from other processes. For instance, the Merit System Protection Board has often observed, with respect to disability retirement, that it is distinguishable from other processes, because it is not — strictly speaking — an adversarial process between an agency and an employee; rather, the MSPB sees it simply as a single issue — that of an employee’s entitlement to disability retirement.
Further, the role of the Office of Personnel Management, while seemingly one of making things overly difficult for the individual, in reality has a very difficult time in ultimately justifying a denial. Why? Because they do not have a right to have a doctor of their own to examine the applicant/patient (note the difference with OWCP, where you can be sent to second, third, and sometimes fourth medical opinions by doctors chosen by DOL and paid by DOL). Thus, it is almost as if OPM must disprove a case filed by an applicant. Finally, it is difficult to attack a treating doctor of an applicant, unless there is something seriously wrong with the credentials or competence of the treating doctor. All in all, disability retirement for Federal and Postal Workers is a fair process — one which is a valuable benefit for the Federal and Postal Employee.
Sincerely,
Robert R. McGill, Esquire
Filed under: Advantages of Federal Disability Retirement, OPM Disability & OWCP Workers Comp Filings, OPM Disability Retirement & EEOC Complaints, Pre-Application Considerations | Tagged: administrative or adversarial process, adverse actions while in OWCP, applying for federal disability, attaining an amicable separation, avoiding independent or occupational medicine doctors, civil service disability, CSRS disability retirement federal attorney, disability retirement at the USPS, disability retirement facts, disability retirement fers, disability retirement for federal employees, EEOC and OPM disability retirement, EEOC and the Federal Disability Retirement claim, federal owcp, federal agencies and secop doctors, Federal Worker's Comp and the OWCP nurse, federal workers comp, federal workers comp horror stories, getting OPM disability benefits, hostile environment notion on opm disability, medical benefits for nsf employees, Merit Systems Protection Board and OPM disability, MSPB and OPM disability retirement, OPM can't send applicants to their doctors, opm disability not an adversarial process in theory, OPM disability retirement, opm disability retirement blog, OPM doctors, OWCP benefits for federal workers, owcp disability retirement really is usually meant "opm disability retirement", owcp dol, OWCP mercenary doctors and nurses, preconceived ideas on federal employees medical retirement, rhode island opm federal disability retirement, the federal agency and occupational medicine, the limited power of the opm to justify denials, USPS and occupational medicine, USPS Disability, USPS disability retirement, usps fers retirement, usps medical disability, usps medical retirement, USPS Return to Work Certification, when doctors are chosen and paid by workers comp, your treating doctors |
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