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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
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Early Retirement for Disabled Federal Workers: Essential Elements

Posted on January 11, 2011 by Federal Disability Retirement Attorney

In preparing, compiling, formulating and filing a Federal Disability Retirement application under FERS or CSRS, one must prove by a preponderance of the evidence (a legal standard which has been set by statute) that a Federal or Postal worker who has a minimum of 18 months of Federal Service (under FERS) or 5 years (under CSRS) suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s particular kind of job. 

The concept of “essential elements” is variously defined and expanded upon by court cases, but one way to identify the “core elements” of a particular job is to review the position description, and to extrapolate from the official description of the job.  Another place, of course, is the Agency’s performance review, which will often identify the core elements. 

One should never overlook the obvious, in addition to that which is identified in the position description — the fact that one is required according to the position to work full time; to be “on site” for many jobs (thereby precluding tele-commuting as a viable permanent accommodation); and certain other inherently obvious elements which are often mentioned in passing — such as sitting for long periods of time (a sedentary position); being required to stand or walk for extended periods of time; and other such “essential elements” which make up a position, and are inherently required by the very nature of the job.  Those “obvious” but often unmentioned essential elements are notable for the fundamental requirements of being able to successfully perform a job.  They should not be overlooked.

Sincerely,

Robert R. McGill, Esquire

Filed under: Clarifications of Laws or Rules | Tagged: additional evidence to sustain your fers disability claim, attorney representing federal workers for disability throughout the united states, common tasks that the federal employee can't do to qualify for disability, condition that prevents to perform the essential functions, conditions that prevent performing the essential elements of your fed job, core functions of an existing federal position, CSRS disability retirement federal attorney, deficiency in performance or attendance requirement, disability separation from postal employment, diseases or injuries that prevent useful and efficient service in your current federal position, Essential Elements of a Job Concept in OPM Disability Law, federal disability attorney, federal disability law blog, federal position duty that I can not do, FERS disability retirement, it's all about work disability and job performance, law firm representing clients in opm disability law all across america, medical evidence submitted to the opm for disability purposes, medical evidence that you can not longer perform the essential tasks of a federal job, nationwide representation of federal employees, objective medical evidence for federal disability cases, obvious essential elements of the job not so obvious sometimes, opm disability and the not-so-obvious essential elements, opm disability law and the preponderance of evidence concept, OPM disability retirement, opm disability retirement and the federal employee job performance, OPM First Stage Disability Application, owcp disability retirement, Postal Service disability, preponderance of the evidence documents, representing federal employees from any us government agency, stating the obvious core functions of your current federal position, stating the obvious to an agency with selective reading comprehension problems, statutory requirements in OPM disability law, the medical condition and the essential elements of job connection, unsatisfactory performance ratings for injured federal employees, USPS disability retirement benefits, usps performance reviews can be used as disability evidence, when disabled federal employees get negative performance reviews | Leave a comment »

  • More on FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • 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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