• Home
  • About Me
  • Contact Us
  • Copyright
  • Credentials

OPM Disability Retirement

Entries RSS | Comments RSS
  • Pages

    • About Me
    • Contact Us
    • Copyright
    • Credentials
  • Categories

    • 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 (43)
    • Burden of Proof (30)
    • Clarifications of Laws or Rules (160)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (17)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (64)
    • Federal Disability Judge-Made Decisions Quoted (35)
    • FERS Disability (10)
    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
    • Mental/Nervous Condition (48)
    • Miscellaneous (179)
    • OPM Disability & OWCP Workers Comp Filings (44)
    • OPM Disability & SSA Social Security Disability Benefits (39)
    • OPM Disability & VA Benefits (4)
    • OPM Disability Actors (286)
      • OPM Disability Actors – The Agency (54)
      • OPM Disability Actors – The Applicant (77)
      • OPM Disability Actors – The Attorney (55)
      • OPM Disability Actors – The Doctor (53)
      • OPM Disability Actors – The Human Resources Office (17)
      • OPM Disability Actors – The MSPB Administrative Judge (6)
      • OPM Disability Actors – The OPM Representatives (31)
      • OPM Disability Actors – The Others (9)
      • OPM Disability Actors – The Supervisor (13)
    • OPM Disability Administrative Law (Statutory and Non-Statutory Law) (13)
    • OPM Disability and a Hostile Working Environment (11)
    • OPM Disability Application (185)
      • OPM Disability Application – SF 3112 Disability Retirement Application Package (28)
      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
      • OPM Disability Application – SF 3112B Supervisor’s Statement for CSRS and FERS (9)
      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
    • OPM Disability Process (158)
      • OPM Disability Process – 1st Stage: OPM Disability Application (35)
      • OPM Disability Process – 2nd Stage: OPM Reconsideration Stage (28)
      • OPM Disability Process – 3rd Stage: MSPB Stage (17)
      • OPM Disability Process – 4th Stage: Petition for Full Review at the MSPB (4)
      • OPM Disability Process – 5th Stage: Federal Circuit Court of Appeals (2)
    • OPM Disability Retirement & EEOC Complaints (4)
    • OPM Medical Questionnaire (8)
    • Post-Application Issues (18)
    • Pre-Application Considerations (425)
    • Professional & Expert Witnesses (5)
    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (1,707)
    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (34)
    • SF 3112 Forms (10)
    • Specific Medical Conditions (28)
    • The Job of a Federal Disability Attorney (79)
    • Theory and Practice: Tips and Strategies for a Successful Application (202)
    • U.S. Merit Systems Protection Board (MSPB) (21)
    • U.S. Office of Personnel Management (OPM) (76)
    • U.S. Postal Service (USPS) Disability Retirement (36)
    • Uncategorized (377)
    • When the OPM Application Is Approved (13)
    • When the OPM Application Is Denied (88)
  • Past Blogs

  • Top Posts

    • OPM Disability Retirement for Federal & Postal Employees: Identity
    • Contact Us
    • About Me
    • Credentials
    • OPM Disability Retirement under FERS: Perfection in an Imperfect World
    • Copyright
    • FERS Disability Retirement from OPM: The Other Person
    • FERS Medical Retirement Benefits for Federal Employees: This Difficult Life
    • FERS/SSDI Offsets: Major Precedent-setting Case
    • Filing for FERS Disability Retirement: The identity of choice

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 »

CSRS & FERS Disability Retirement: Is there a higher standard of proof for Psychiatric Disabilities?

Posted on May 11, 2009 by Federal Disability Retirement Attorney

I am attempting to address the issue of Psychiatric medical disabilities in the context of filing for Federal Disability Retirement benefits under FERS & CSRS, by addressing the issue from various perspectives and angles, in an effort to inform the reader in different ways.  Major Depression, Generalized Anxiety Disorder, panic attacks, Bipolar Disorder — each possess unique traits, characteristics, and symptomatologies and manifestations exhibited in ways specific to the psychiatric condition. 

What is often the case is that, while the Psychiatrist is the medical doctor who is the “expert” on the Psychiatric condition, it is often the psychologist (the “Ph.D”), the Therapist, the Licensed Clinical Social Worker, etc. who has the “personalized” knowledge of the patient, who can provide the descriptive emotional impact, and the specific adjectives which can properly be formulated to reveal and “prove” the impact upon one’s inability to perform the essential elements of one’s job. 

Often, the Psychiatrist is merely the “medication manager” — the prescriber of the psychotropic medications.  Thus, in proving a Federal Disability Retirement case by a preponderance of the evidence, it is often necessary to have both the Therapist, as well as the Psychiatrist, in a joint effort to meet the standard of proof.  Is there a higher standard of proof in a Psychiatric medical condition?  To some extent, the answer is yes — but this is only natural, inasmuch as it requires “more” to have people fully understand the nature, extent, and impact of what it means to have a psychiatric medical condition.  For, at its very essence, who among us can truly understand what it means to be overwhelmed by a psychiatric medical condition?  Only words — descriptive adjectives and emotive-concepts, can draw us closer to having at least some rudimentary understanding.

Sincerely,

Robert R. McGill, Esquire

Filed under: Burden of Proof, Clarifications of Laws or Rules, Mental/Nervous Condition | Tagged: and Other Medical Documentation Submitted To the OPM, anxiety & panic attack in the Postal Service, Appeals, Application, applying for csrs retirement, applying for fers retirement, Bipolar Disorder in the Postal Service, disability opm retirement, disability retirement fers, disabling depression, disabling mental nervous conditions, disabling side effects medication, doctor's statements of disability, federal disability attorney, federal disability retirement opm, federal law enforcement occupational injury, FERS disability retirement, FERS medical retirement, Health Conditions and the Federal and Postal Employee, job-related illness, legitimate conditions for OPM disability retirement, letter carriers disability retirement, licensed clinical social worker, mail handler workers comp, mail processors occupational injuries, Major Depression cases in the USPS, medical reasons for federal disability retirement, mental health therapist, Nexus between Medical Condition and Essential Elements, OPM Disability and the Ideal Doctor and Patient Relationship, OPM disability application tips, OPM psychiatric and physical conditions, psychiatric conditions, psychiatric medical conditions, psychological impacts of dog biting, psychologist, psychotropic medications effects on the federal worker, stress disability for federal employees, treatment of mental illnesses, USPS disability retirement, usps fers retirement, workers comp federal employee, 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.
  • Calendar

    January 2021
    S M T W T F S
     12
    3456789
    10111213141516
    17181920212223
    24252627282930
    31  
    « Dec    
  • Archives

    • January 2021 (21)
    • December 2020 (28)
    • November 2020 (26)
    • October 2020 (27)
    • September 2020 (26)
    • August 2020 (26)
    • July 2020 (28)
    • June 2020 (26)
    • May 2020 (26)
    • April 2020 (26)
    • March 2020 (26)
    • February 2020 (25)
    • January 2020 (27)
    • December 2019 (28)
    • November 2019 (27)
    • October 2019 (27)
    • September 2019 (25)
    • August 2019 (27)
    • July 2019 (28)
    • June 2019 (23)
    • May 2019 (27)
    • April 2019 (26)
    • March 2019 (26)
    • February 2019 (24)
    • January 2019 (28)
    • December 2018 (27)
    • November 2018 (27)
    • October 2018 (27)
    • September 2018 (25)
    • August 2018 (27)
    • July 2018 (27)
    • June 2018 (26)
    • May 2018 (27)
    • April 2018 (22)
    • March 2018 (26)
    • February 2018 (24)
    • January 2018 (27)
    • December 2017 (26)
    • November 2017 (27)
    • October 2017 (26)
    • September 2017 (26)
    • August 2017 (27)
    • July 2017 (26)
    • June 2017 (26)
    • May 2017 (28)
    • April 2017 (25)
    • March 2017 (27)
    • February 2017 (24)
    • January 2017 (26)
    • December 2016 (29)
    • November 2016 (26)
    • October 2016 (26)
    • September 2016 (26)
    • August 2016 (27)
    • July 2016 (26)
    • June 2016 (26)
    • May 2016 (28)
    • April 2016 (26)
    • March 2016 (27)
    • February 2016 (25)
    • January 2016 (26)
    • December 2015 (25)
    • November 2015 (24)
    • October 2015 (27)
    • September 2015 (25)
    • August 2015 (26)
    • July 2015 (28)
    • June 2015 (26)
    • May 2015 (25)
    • April 2015 (25)
    • March 2015 (26)
    • February 2015 (22)
    • January 2015 (26)
    • December 2014 (27)
    • November 2014 (22)
    • October 2014 (26)
    • September 2014 (26)
    • August 2014 (26)
    • July 2014 (27)
    • June 2014 (25)
    • May 2014 (26)
    • April 2014 (26)
    • March 2014 (26)
    • February 2014 (24)
    • January 2014 (27)
    • December 2013 (25)
    • November 2013 (25)
    • October 2013 (26)
    • September 2013 (26)
    • August 2013 (27)
    • July 2013 (27)
    • June 2013 (25)
    • May 2013 (27)
    • April 2013 (26)
    • March 2013 (26)
    • February 2013 (24)
    • January 2013 (26)
    • December 2012 (26)
    • November 2012 (25)
    • October 2012 (26)
    • September 2012 (23)
    • August 2012 (27)
    • July 2012 (22)
    • June 2012 (26)
    • May 2012 (24)
    • April 2012 (25)
    • March 2012 (25)
    • February 2012 (25)
    • January 2012 (25)
    • December 2011 (26)
    • November 2011 (24)
    • October 2011 (26)
    • September 2011 (25)
    • August 2011 (27)
    • July 2011 (25)
    • June 2011 (26)
    • May 2011 (25)
    • April 2011 (25)
    • March 2011 (27)
    • February 2011 (22)
    • January 2011 (23)
    • December 2010 (25)
    • November 2010 (23)
    • October 2010 (25)
    • September 2010 (24)
    • August 2010 (25)
    • July 2010 (28)
    • June 2010 (26)
    • May 2010 (29)
    • April 2010 (30)
    • March 2010 (26)
    • February 2010 (22)
    • January 2010 (23)
    • December 2009 (20)
    • November 2009 (19)
    • October 2009 (22)
    • September 2009 (18)
    • August 2009 (18)
    • July 2009 (23)
    • June 2009 (18)
    • May 2009 (11)
    • April 2009 (11)
    • March 2009 (14)
    • February 2009 (10)
    • January 2009 (10)
    • December 2008 (8)
    • November 2008 (8)
    • October 2008 (6)
    • September 2008 (4)
    • August 2008 (9)
    • July 2008 (8)
    • June 2008 (6)
    • May 2008 (18)
    • April 2008 (20)
    • March 2008 (31)

Blog at WordPress.com. WP Designer.