CSRS & FERS Disability Retirement: Recognition

People who are considering filing for disability retirement benefits under FERS & CSRS often come to a recognition that there is life after the Federal Government, right around Thanksgiving, Christmas, and the holiday period in between.  Why?  Because when family, friends and loved ones gather around, and there is some time to recuperate and rejuvenate from the daily grind which further exacerbates and worsens one’s medical conditions, the time of respite, the time of peace and quite, of reflection and time reserved away from work, allows for people to recognize that, Yes, there is life beyond the job, and second, that to continue the daily grind until retirement may result in the inability of one to enjoy one’s retirement in later years.  Good health is a gift; all too often, we misuse that gift.  Happy Thanksgiving to all, and please enjoy a safe holiday weekend.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Workplace (Part 2)

In filing for FERS or CSRS Federal Disability Retirement benefits with the Office of Personnel Management, it is important to stay away from issues which may explicitly or implicitly characterize the particular medical condition as being “situational” in nature.  However, this does not mean that the medical condition cannot have originated from, or been exacerbated by, the workplace environment.  Remember that OPM disability retirement is not like OWCP/Worker’s Comp — the issue of causality, or whether the medical condition occurred as a result of your occupation, is not important to prove. 

However, sometimes, it is simply an indisputable fact that the medical condition originated from the workplace, or was exacerbated by conditions in the workplace.  Such origination or exacerbations, once it takes on a “life of its own” and becomes chronic and pervasive such that the medical condition impacts a person both at the workplace as well as outside the workplace, then it has transformed into a medical condition beyond being merely “situational”.  Thus, that which originated as a “situational” medical condition may well no longer be a situational one.  In such cases — and that is normally the case in almost all medical conditions which begin as a situational disability — there would be no problem with filing for OPM disability retirement benefits.

Sincerely,

Robert R. McGill, Esquire