Each compensatory program, whether on a Federal, State or Local level, has an underlying basis which finds its inception in an idea, a proposal, then a statute. The statutory authority of a “program” is the basis of its very existence. Court opinions will interpret, expand upon, and “explain” the limits and boundaries of the program itself.
As such, each program of compensation contains a “raison d’être” (a reason for its very existence), and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is often a good idea to understand the foundational basis of a compensation program, in order to be able to effectively attack it, comply with it, and ultimately to prove its purposive intent.
Thus, for Social Security Disability, for example, the underlying purposive intent involves a higher standard of “total disability” and how the medical condition impacts one’s daily living activities. For the Department of Labor, Federal Employees’ Compensation Act (DOL/FECA), the underlying purposive intent involves an injury or medical condition related to the job itself, with a view towards (if at all possible) rehabilitating the Federal or Postal employee such that he or she can return to the position occupied prior to the injury. For Federal Disability Retirement under FERS or CSRS, it is the “bridge” itself which defines the purposive intent — of the impact between the medical condition and the particular job which one performs.
It is for that very reason — the purposive intent behind a Federal Disability Retirement Statute — that the compensation program allows for the Federal or Postal employee, unlike the other programs, to go out and earn up to 80% of what one’s former position currently pays, in addition to receiving the Federal Disability Retirement annuity.
By understanding, one is able to begin to formulate a strategy of applying and proving a Federal Disability Retirement application.
Sincerely,
Robert R. McGill, Esquire
Filed under: Clarifications of Laws or Rules | Tagged: accepting opm disability clients all across america, attorney representing federal employees, CSRS disability retirement federal attorney, different laws and standards of disability, different standards for opm disability and ssd, disability compensation programs available for injured/disabled federal workers, each disability program has different eligibility requirement, Federal Disability, federal disability retirement, federal disability retirement lawyer, fers disability blog, FERS disability retirement, getting your fers disability application approved, limits and boundaries of each federal disability compensation program, medical compensation and benefits available for federal workers, nexus between medical disability and job performance, OPM disability retirement, owcp disability retirement, Postal disability, postal service disability retirement, postal service disability retirement blog, programs of compensation available for us government employees, representing federal employees from any us government agency, standards of fers retirement for medical incapacity, the federal disability bridge, the standards of disability concepts before each federal program, understanding each compensatory program available for federal employees, understanding the federal disability programs available for postal workers, USPS disability retirement |
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