Medical Retirement for Federal Workers: VA Disability Issues

Many Veterans find themselves pursuing a career in the Federal work force, including the U.S. Postal Service (although, technically, the U.S. Postal Service is a quasi-Federal agency, but still part of the FERS & CSRS retirement systems, and as such, all Postal Workers are eligible for Federal Disability Retirement benefits under FERS or CSRS).  

Such a career path often results in a medical condition which, while originating in the military or while serving in the military, becomes progressively deteriorating while working for the Federal government or the U.S. Postal Service.  

Often, such a scenario comprises a dual, or parallel occurrence, in that the Veteran’s medical conditions continue to worsen, and in its progressively worsening state, the Veteran is able to apply for a VA Disability rate increase while, concurrently, the impact upon the Veteran’s ability to continue to perform all of the essential elements of his or her job with the Federal Agency or Postal Service continues to grow.  

The parallel events, at some point on a graph, begin to curve inversely, and intersect where (A) the VA disability rating, both in numerical increase and in a factual, debilitating medical reality, deteriorates to a point where (B) the Federal or Postal employee is no longer able to perform the essential elements of one’s job.  

At that point of intersection, or sometime prior to the clash of the inverse curve, it may be time for the Veteran to consider preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS.  In such a fact-scenario, the medical evidence from the VA side of things can be used for purposes of evidentiary proof in filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability: The Disabled Federal and Postal Worker

As with most attorneys, I try to maintain an appearance of detached professionalism. It is my job to provide sound legal advice; to guide the client/disability retirement applicant with logical argumentation, rational perspective, and legal foundations as to the strength or weakness of a case, and to guide my client over obstacles, around legal landmines, and through the briars and thickets of “the law”. I try to remain aloof from the inherent emotionalism which arises from the human story of my clients, because not to do so would be to defeat the essence of why a client hires me: to maintain and retain an objective perspective, in order to provide the best legal advice possible. However, to maintain that wall of professionalism is not always possible.

The human story of the Federal and Postal employee is indeed one of encompassing a juggernaut of loyalty, professionalism, dedication, hard work, and the driving force behind and undergirding the economic might of the United States. Yes, of course the United States is built upon the economic principles of the free market system of the private sector; but the services which the government provides are not accomplished by some faceless or nameless entity; each such service — from the letter carrier through “rain, sleet or snow”, to the Special Agents who investigate and put criminals behind bars; from the border patrol agents who guard our security, to the IT Specialist who safeguards our internet viability — is provided by a competent and dedicated worker. That is why I am often humbled by my clients; because, truth be known, the disability retirement applicants who come to me have come to a point with his or her medical condition, where there is no other choice. It is never a question of dedication or hard work; the Federal and Postal Worker has already proven his or her dedication and hard work through the decades of service provided, prior to coming to me.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement & Treatment Compliance Issues

While the issue of ‘causality’ is not one which often comes up in OPM disability retirement cases (by obvious contrast, of course, is the fact that causality, whether it was caused while working, on the way to work, outside of the parameters of work, etc, is often an issue in OWCP/DOL cases), there are certain cases where such an issue may be important to address. Baker v. OPM, 782 F.2d 993 (Fed. Cir. 1986) is actually a case which continues to remain of interest, in that, there, the Court noted that where obesity had a causal impact upon the appellant’s back pain, and since the appellant failed to follow medical instructions to lose weight, therefore the cause of the back pain was not as a primary and direct result of a medical condition, but rather because of non-compliance of reasonable available corrective or ameliorative action.

Thus, there are certain areas where you will be in danger of having your disability retirement application denied: one such area, where the Merit Systems Protection Board has been fairly consistent, is non-compliance of a prescribed medication regimen. In other areas, however, especially where surgery is recommended but where the percentage of success cannot be easily quantified, there is much more leeway. Disability Retirement is an area of law which encompasses a wide range of complex and potential “legal landmines”, and it is often a good idea to seek the counsel of an experienced attorney to help guide your way.

Sincerely,

Robert R. McGill, Esquire