Federal and Postal Disability Retirement: Applicant Tendency

An applicant or potential applicant for Federal Disability Retirement benefits under FERS or CSRS exhibits tendencies which can range on a wide spectrum of behavior, thoughts, fears, actions and reactions.  Some individuals believe that his or her application is so self-evident and self-explanatory, that all that is necessary is to obtain the medical records, list the diagnosed medical conditions on the Applicant’s Statement of Disability, file it, and…  When the Denial letter appears from the Office of Personnel Management, there is the surprise and shock, and the:  “I thought that…” 

Then, there is the other extreme of the spectrum, where there is an almost irrational fear that unless every ache and pain is detailed in long, explanatory narratives, and pages of pages of “personal experience” diary-like formatted chronologies are submitted with the packet, with tabulated references to justify each and every medical experience from two decades before until the present, that the Office of Personnel Management will deny the application.  Remember this:  It takes just as short a time to deny the first type of application as it does the second.  The Office of Personnel Management does not read through any materials which it deems “superfluous“.  Somewhere in the middle between the two extremes is normally the correct balance.  Or, as Aristotle would say, it is important to achieve the mean between the two extremes.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Agency Tendency

A Federal or Postal Worker who has worked for any number of years, already knows (intuitively) what the Agency’s response is going to be when he or she files for Federal Disability Retirement benefits under FERS or CSRS:  Self-protection, minimal cooperation, and a “know nothing” and “do nothing” approach.  This is merely the tendency of most agencies.  Every now and then, there is an exception to this general perception of how a Federal Agency will respond and react; normally, however, any such exception is merely a reflection upon an exceptional individual — a supervisor who is truly looking out both for the best interests of the agency, as well as for a Federal or Postal worker who deserves praise and cooperation as he or she enters into a difficult phase of life. 

Agencies tend to respond in a “self-protective” mode; of covering itself; of being uncooperative, thinking that an individual who is filing for Federal Disability Retirement benefits is (A) no longer of any use to the agency, (B) reflects badly upon the overall perception of the agency, or (C) is merely faking the disability.  The truth of the matter is that a Federal or Postal employee who is filing for Federal Disability Retirement benefits has probably exhausted all possible alternatives, and has killed him/herself in trying to continue to work.  However, sympathy and empathy are two emotions which Agencies sorely lack in, both qualitatively and quantitatively; and as with all tendencies, it is good to be aware of them, if only to be on guard.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Tendencies

There are certain tendencies which seem to exhibit themselves on a spectrum of behaviors, and the pattern is fairly common.  As such, it is important to be aware of the natural tendencies of all parties involved when filing for Federal Disability Retirement benefits under FERS or CSRS.  For instance, it is a common tendency for the doctorFamily Doctor, Orthopaedic Surgeon, Neurologist, Psychiatrist, etc. — to avoid having to write a medical narrative report for a Federal Disability Retirement application.

What to do about it?  To try and place the doctor at ease by explaining the process in as direct, simple and concise manner as possible; then to tie the importance of the request for a Medical Narrative Report to the overall treatment plan for the patient — you.  To have an attorney involved can further ease the natural anxiety of a doctor — but it helps to have the client/patient forewarn the doctor as to the role and involvement of the attorney.

Attorneys and doctors are “natural enemies” (i.e., attorneys sue doctors; doctors hate to be sued; ergo, doctors have a natural tendency to dislike lawyers).  If the patient/client, however, approaches the doctor and explains that the lawyer who is representing him or her is there to explain the process, to guide the doctor in the preparation of the entire packet, including giving guidance to the doctor in formulating a medical narrative report, then the tendency towards anxiety and reluctance to assist in a Federal Disability Retirement application can be lessened and overcome.  Tendencies are there to be recognized, then to be adjusted in order to achieve a positive outcome.

Sincerely,

Robert R. McGill, Esquire