Tag Archives: doctors’ objective methodology for proving opm disability claims

OPM FERS/CSRS Disability Retirement: The Declination of Laughter

A Smiling USGS Employee

The Declination of Laughter

Does lack of laughter signify anything?  If a person was known to laugh a lot, then one day comes in with nary a chuckle, is it significant at all?  Is it the reverberation from the throat, or the eyes which reveal an underlying sadness, which tells the true tale of a person’s state of mind?  Can a person be in so much pain that he laughs out loud?  Why is it that there is such a thin and almost invisible line between laughter, insanity, and loss of control?

For the often contentious circumstances which surround and infiltrate the context and content of a Federal or Postal employee filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of the declination of laughter, whether by one’s Supervisor, the applicant who is filing for Federal Disability Retirement benefits, coworkers, or even family members away from the workplace, can be a telling factor on the spectrum and scale of who we are, what is being done, and what people are thinking.

In the end, life is a serious matter; medical conditions are no laughing matter; actions which impact the substantive future of individuals should be engaged with seriousness and consideration.  Ultimately, it is that dissonance between the mirthless eyes and the resonance of sound which is interpreted as laughter, which should concern everyone.

For the Federal or Postal Worker filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the time of laughter may not occur until well after the attainment of that goal; and even then, the daily problems of life must still be faced, including one’s ongoing medical conditions.  But, at least, the mirthless state of one’s workplace will have been left behind, and with it, the stresses of trying to figure out the intent and motivation behind that Supervisor’s laughter who, just the day before, metaphorically stabbed another coworker in the proverbial backside.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The “Cover” of an FCE

Most doctors are unfamiliar with the process of obtaining Federal Disability Retirement under FERS or CSRS, but are more often than not familiar with the process, procedures, and correlative headaches associated with Worker’s Comp benefits.  Because of this greater familiarity, there is often an underlying suspicion that comes along with it — that rendering any medical opinion must be accompanied by some underlying justification and “objective” methodology of supporting the medical opinion.  And this is understandable. 

In this day and age of malpractice lawsuits, of questioning every test, procedure and opinion, it is rare that a medical doctor is comfortable and secure in rendering a medical opinion about one’s ability or inability to perform one or more of the essential elements of one’s job, based solely or primarily upon clinical examinations and reviewing of diagnostic results. 

Enter the FCE — the “Functional Capacity Evaluation”.  The FCE provides “cover” for a doctor’s medical opinion, because the doctor can point to an apparently “objective” evaluation — a third party rendering a number of physical tests, exertional exercises, physical capacity movements, etc., which serve to provide a framework from which a doctor can render an “objective ” opinion. 

Why it is accepted that pointing to someone else’s evaluation — as opposed to relying upon one’s own clinical examinations, reviewing one’s history, reviewing diagnostic test results, etc. — is any more valid, is a great mystery.  But if it makes the doctor feel more comfortable, then a person considering filing for Federal Disability Retirement benefits under FERS or CSRS should go ahead and agree to submit to an FCE, if that is what it takes to get the doctor on board.

Sincerely,

Robert R. McGill, Esquire