Medical Retirement for Federal Workers: Illness v. Disability

Everyone has experienced an illness which results in a temporary period of disability; there is, however, a vast difference between such an illness, and a medical condition which is of such severity, chronicity, and intractability, such that it prevents one from performing one or more of the essential elements of one’s job.

In this day and age of cynicism and suspicion, where economic forces have pitted the private sector against Federal and Postal employees, it is important to approach a Federal Disability Retirement case in a methodological, systematic way, such that there is no question as to the viability of one’s case.  The U.S. Office of Personnel Management scrutinizes each Federal Disability Retirement application with a set of legal criteria, and if any one point of the Federal or Postal Worker’s application fails to meet the legal criteria, the Office of Personnel Management will deny the case.

In preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, it is important to ensure that one’s narrative description, the compilation of medical reports and evidence, and the entirety of the Federal Disability Retirement application, is not characterized merely as a “temporary illness”, but is unequivocally shown to be a medical condition such that it prevents one from performing one or more of the essential elements of one’s job.

There is a difference between an illness of a temporary nature and a chronic and progressively debilitating medical condition; but more than that, there is a vast chasm between a fact and the effective description of the fact.  It is the latter which must be conveyed to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

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