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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)
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FERS & CSRS Disability Retirement for Federal and USPS Workers: Medical v. Legal

Posted on January 7, 2011 by Federal Disability Retirement Attorney

Issues concerning Federal Disability Retirement applications under FERS or CSRS, both for Federal and Postal employees, rarely “conflict” with the goal of obtaining the proper medical care for a medical condition which one suffers from.  First and foremost, one should seek to obtain the proper medical care, and undergo all of the appropriate treatment modalities necessary to take care of the medical condition. 

If that medical condition — despite treatment, intervention, medication regimens, etc. — fails to allow for recovery sufficient to return to a level of functionality such that the Federal or Postal Worker can continue to perform all of the essential elements of one’s job, then one should certainly consider preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS. 

Throughout the process, however, the primary focus should always be upon obtaining the proper medical care.  Logically, the Merit Systems Protection Board has held in various Federal Disability Retirement cases that where such treatment modalities as a medication regimen has been refused, then such refusal may be a basis for denial of a Federal Disability Retirement application.  Why would this be?  The reasoning is that there is an intervening cause for the continuation of the medical condition which prevents one from performing one or more of the essential elements of one’s job — not the medical condition, but rather the refusal to follow a prescribed course of medical treatment. 

Sometimes, however, failing to follow a prescribed medication regimen may not be an outright “refusal”, but rather a recognition on the part of the Federal or Postal employee that taking such medications while working will further impede one’s ability to perform the essential elements of one’s job.  This is where an intersection between the Medical and the Legal can “conflict”.  The best thing to do in such a circumstance, of course, is to consult with the treating doctor and explain the potential conflict.  There may be no resolution, but it is always best to have such attempts annotated so that it can be “proven” later on, if needed.

Sincerely,

Robert R. McGill, Esquire

Filed under: Reasonable Medical Treatment and Compliance Issues | Tagged: accepting opm disability clients all across america, advising your treating doctor about your opm disability application, consistency of medical treatment in a medical record submitted to the opm, CSRS disability retirement federal attorney, disability retirement for federal employees, disabling side effects medication, federal disability attorney, federal employee disability compensation and benefits, federal employees and treatment of medical conditions, federal employment disability and the merit system protection board, federal workers comp and refusing risky medical treatment, FERS medical retirement, health care issues and federal disability retirement, if you are a disabled federal employee you should first take care of your health, if your medical treatment is "reasonable" or not, importance of following up medical disability treatment, in considering opm disability your own health should be the most important, law firm representing clients in opm disability law all across america, legal help after first application denial, medical and surgical treatments in opm disability decisions, medication treatment on federal disability retirement cases, narrowing down OPM excuses for application denial, nationwide representation of federal employees, OPM disability retirement, opm medical diagnosis and treatments, owcp disability retirement, OWCP medical treatment, postal service disability retirement, potential conflicts in your federal disability retirement application, prescribed medication regimen and opm disability, representing federal employees in and outside the country, the importance of seeking appropriate health care, the light duty postal worker and the merit system protection board, treatment of mental illnesses, us postal service merit protection board, USPS disability retirement, workers compensation disability benefits, working around an OPM application for disability denial, worry about your medical treatment and let an attorney worry about your opm application | Leave a comment »

OPM Disability Retirement: Office Notes (Continued…)

Posted on December 8, 2010 by Federal Disability Retirement Attorney

The Office of Personnel Management has every right to establish a consistency of medical treatment and opinions rendered on the part of the doctor, the specialist, the medical facility, etc.  One of the reasons why Federal Disability Retirement benefits are (in great part) determined by the opinion of the “treating doctor”, as opposed to a determination made by a medical doctor who makes such disability determinations but is not the applicant’s “treating doctor”, is that such a determination (in the eyes of Federal Disability Retirement laws, statutes, MSPB case laws, etc.) can best be rendered by a medical specialist who has a long-standing relationship with the patient/applicant, over a long period of time, to determine the extent, severity, chronicity, etc., of the medical condition claimed.  

With this in mind, there often arises a conflict of sorts:  On the one hand, most people who are attending to their medical needs, are not thinking in terms of “getting Federal Disability Retirement benefits” during the time of treatment.  The critical point of when the line becomes drawn, where treatment & chronicity begin to conflict; or where, despite every attempt by the doctor to prescribe treatment modalities, there appears to be a medical condition which is “intractable”, is often a difficult one to determine.  In most cases, the office/treatment notes will reveal the line, which may come about gradually.  At other times, one may have a doctor who thinks that he or she can successfully treat any and all conditions, and reflects such a “positive” outlook in every office notation.  This is often not helpful, when it comes time to filing for Federal Disability Retirement benefits under FERS or CSRS.  To counter this, a frank discussion with the doctor at some point may become necessary.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM | Tagged: accepting opm disability clients all across america, choosing the best time to file for federal disability retirement, civil service disability retirement, consistency in the whole federal disability retirement package, consistency of medical treatment in a medical record submitted to the opm, disability retirement for federal employees, disability retirement for federal workers and doctors' notes, federal disability law blog, federal employees and treatment of medical conditions, fers disability and that special special doctor-patient relationship, FERS disability retirement, law firm representing clients in opm disability law all across america, long standing doctor relationship opm, medical and surgical treatments in opm disability decisions, medical determination of the treating physician in fers disability retirement, medical opinions from different health care providers in the opm disability claim, medication treatment on federal disability retirement cases, more weight to your treating physician opinion, nationwide representation of federal employees, notes on illness causation and situation disability for federal employees, OPM Disability and the Ideal Doctor and Patient Relationship, OPM disability lawyer, OPM disability retirement, opm disability retirement consistency, opm medical diagnosis and treatments, opm medical documents, physician's support for medical retirement in the federal workplace, representing federal employees from any us government agency, representing federal employees in and outside the country, support to a physician's medical narrative, the advantage of a doctor of long-standing tenure, the importance of medical opinions from specialists in the opm disability claim, the importance of medical records in opm disability law, the most important opinion in the federal disability process, the right time to file for disability retirement with the us government, time to have a candid conversation with your doctor about fers disability, treatment of mental illnesses, USPS disability retirement, USPS disability retirement benefits, your doctor's opinion and the federal disability medical form, your treating doctors | Leave a comment »

  • More on CSRS & 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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