Federal Gov. and USPS Disability Retirement: Overlapping Patchwork

When multiple hands work on a single project from different directions, the patchwork of designs may reveal the lack of coordination; yet, the beauty of the diversity in pattern, color, dimension and creativity may make up for such lack of uniformity.  Thus, lack of uniformity need not mean that the end-result lacks beauty; and, indeed, lack of conformity can in and of itself be a form of delicate attraction.

But human beings possess an innate desire for a sense of logical comprehension, and while overlapping patterns may possess a beauty of diversity, anarchical presentation of exploding colors and patterns must ultimately be brought together into some semblance of coordination.

There is, of course, a distinction to be made between art and mathematics; between artistic endeavors, which may bend the rules of uniformity, as opposed to a cohesive and comprehensible presentation in the form of a persuasive argument.  In law, an overlapping patchwork of arguments may unintentionally hit the mark; but you would not want to rely upon such an imprecise approach.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the approach of culling together a patchwork of arguments — borrowing a report from one’s OWCP doctor; arguing that because one received a percentage rating from the Department of Veterans Affairs, the relevance upon an OPM disability retirement application should be of X consequence; extrapolating language from an SSDI decision — while all of these are of some consequence, each must ultimately be garnered into a coherent whole.

It may well be that one’s Federal Disability Retirement application began as a patchwork of information; in the end, however, it should be the hand of a single artist who reworks the pattern into a cohesive whole.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement Benefits for Federal & Postal Employees: Are all Doctors Necessary?

In a Federal Disability Retirement case under FERS or CSRS, is it necessary to obtain the medical opinion of each and every doctor for each and every medical condition listed on the Applicant’s Statement of Disability (SF 3112A)?  To put the question in another way, Must there be a one-to-one correspondence between the medical condition listed or described, and the doctor who is specifically treating the medical condition

Certainly, in today’s world of medicine, where specialization is the key to treatment because of the complexity of each field of medicine and the successful treatment of diseases and medical conditions, it has become a fact of life that patients are “referred out” to various specialists.  Thus, the Primary Care Physician is often merely the “gate-keeper” of referrals, coordinating the medical treatment of a patient by overseeing the referrals to various specialists who treat various medical conditions. An applicant for Federal or Postal Disability Retirement benefits under FERS or CSRS who must prove, by a preponderance of the evidence, his or her eligibility for Federal Disability Retirement benefits, must submit substantiating medical documentation to prove his or her entitlement.  As with all such questions, the answer is, “It depends”.  A one-to-one correspondence is not necessarily required; where helpful, of course, the referral specialist’s medical opinion should be used.  However, one should never underestimate the importance and force of the coordinating physician — the Primary Care Physician himself/herself.

Sincerely,

Robert R. McGill, Esquire