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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
    • Burden of Proof (30)
    • Clarifications of Laws or Rules (161)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (79)
    • Federal Disability Judge-Made Decisions Quoted (35)
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    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
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Federal Employee Disability Retirement Help: From Pain to Paper

Posted on February 8, 2021 by OPM Disability Retirement Lawyer

It is one thing to experience pain; quite another, to convey that onto paper.  The fiction writer struggles with writer’s block; the ordinary individual (if there is such an entity), the problem is more of self-deception.  Because one experiences X, one presumes that others can relate to X as a fellow human being.

Then, of course, there is the problem of proof — of how do you “prove” a subjective content to an objective-requiring audience?  Pain is by definition subjective; mental & psychiatric conditions, similarly, are through self-reporting mechanisms.

Yes, there are correlative indicators which help to objectify that which is subjective by nature — consistency in clinical encounters; diagnostic tests which correlate with pain; tests to check for spasms and responsive physical reactions; behavior engaged which is anathema to healthy mental status; and other “tests” which confirm a medical condition of a subjective nature.

Nevertheless, the problem when preparing an effective Federal Disability Retirement application remains: How to move from pain or mental disorder, to paper in order to present a viable Federal or Postal Disability Retirement application to the U.S. Office of Personnel Management under FERS?

Contact and consult with a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement, and take the next necessary steps from pain to paper.

Sincerely,

Robert R. McGill, Esquire

 

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  • 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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  • Top Posts

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    • FERS Medical Retirement: Not for Public Viewing
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  • Archives

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