CSRS & FERS Medical Disability Retirement: The Universe of the Possible (Part II of II)

When avenues are closed off, the human psyche tends to shut down; and when grounds manifest fertile regeneration and bountiful splendor, the endless state of the possible opens like the gaping eyes of a child in excitable wonderment.  That is why internet companies attempt to artificially recreate atmospheres of creativity and prior glory days of unbounded imaginations.  But whether simulating a couch plopped in one’s basement or garage, and making it appear as if the environment is similar to those past dawns of tinkering with one’s imagination in the unheated, primitive conditions of one’s youth, is questionable.

For the Federal and Postal employee who is faced initially with a medical condition, such that the medical condition impacts one’s ability to continue in the vocation and career choice of one’s following, the limitations which the present condition places upon one’s future often seems daunting.

But there are options available.

Federal Disability Retirement allows for those options to open up; for, once the Federal or Postal employee obtains an approval for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, that (now former) Federal or Postal employee may go out into the private sector and earn up to 80% of what one’s former position currently pays, on top of the Federal Disability annuity. Many start their own businesses; others perform consultative work or work part time, thereby controlling the stresses and the extent of activity able to be tolerated within the restrictions of one’s medical conditions.

The avenue of the possible can only reopen once you recognize the reality of the probable; and in order to tap into the fertile imaginations of a brighter future, the roadblocks once observed must be moved in order to travel down the path of viable alternative routes.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The (non) Problem of Causality & Causation

In a Worker’s Comp (DOL/OWCP/FECA) case, causation and causality often loom as significant issues, and doctors often have to walk a difficult line in making unequivocal statements, or somewhat equivocating statements, as to the “cause” of a medical condition or injury.  Such statements can sometimes be the singular focus as to the success or failure of an OWCP case.  Why?  Because OWCP compensable injuries and medical conditions must be related to the job — either as something caused by an accident while on the job, or in some way occupationally related. 

In Federal Disability Retirement cases under FERS or CSRS, one can be on a skiing vacation and incur a medical condition or disability, and so long as that person is unable to, because of the medical condition, perform one or more of the essential elements of one’s job, one is thereby eligible for Federal Disability Retirement benefits under FERS & CSRS. 

Sometimes, however, the issue of causation comes into the picture, but can work in a detrimental way, but need not.  Let me clarify:  In a chemical sensitivity case, or a psychiatric condition which finds its originating “causation” from the workplace, the doctor may want to relate the “cause” of the medical condition directly to the workplace.  This is fine, so far as it goes — and, ironically, most doctors (because they have no idea about FERS or CSRS disability retirement) think they are doing their patients a favor by relating it as “causally related” to the workplace.  More often than not, however, it can open up a “can of worms” — of being characterized by the Office of Personnel Management as a “situational disability”, which must be avoided like the plague.

Sincerely, Robert R. McGill, Esquire