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FERS Disability Retirement Benefits: Truth and Credibility

Posted on July 22, 2019 by Federal Disability Retirement Attorney

One normally presumes that the two go hand-in-hand: That if something is true, then it is credible.  But doesn’t the origin and source of it, at least in a subjective sense, matter?  If a known lier makes a truthful statement, could we assert that, “While the statement made by X is true, the fact that X made it results in my questioning its credibility.”  Does that even make sense?

How about a person who is a known philanderer who has had multiple affairs and has married and divorced multiple times — but then travels around the country lecturing at public schools on the subject entitled, “The Importance of Marital Fidelity”?

Let’s assume that everything contained in his lectures rings true: That marriage vows are important to uphold; that happiness comes from remaining faithful; that the temptations of society should be avoided — etc., etc., etc.  Everyone, including all of the elementary, middle and high school students and their parents all agree and are in complete consonance with the lectures and their content; and yet…. Somebody, during one of the lectures, stands up and points out that the “personal life and behavior” of the person giving the lecture is somewhat — ahem — “questionable”.

The “opinion camps” form into a bifurcated line of argumentation: Camp A argues: “The man has no credibility and is just giving us a bunch of bull.”  Camp B argues: “It doesn’t matter who says it — truth is truth, and what the guy is saying is true.”  Who is right?  Can truth and credibility be bifurcated?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job, preparing, formulating and filing a credible disability retirement application with the U.S. Office of Personnel Management may become necessary.

Will it have to be “truthful?”  Yes.  But “Truth” and “Credibility” are two distinct concepts, and while every Federal Disability Retirement application must be based upon the truth of a medical condition, the issue of credibility — of compelling OPM to view your FERS Disability Retirement application seriously — is a separate matter, and one that may really need an experienced attorney to represent you in filing a credible and truthful Federal Disability Retirement application with OPM.

Sincerely,

Robert R. McGill, Esquire

 

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  • More on CSRS & FERS Disability Retirement

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    • 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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