Medical Retirement for Federal Workers: The Rule of Words

When does a child recognize the power of language? Perhaps it is at the moment when the ineffective response to a tantrum occurs, precisely because the demands conveyed by the destructive actions have not been adequately understood. But once the verbal ransom is received, linked to the potential screams and flailing of arms and legs, hence the power of words becomes consciously recognized.

Linguistic leverage contains a duality of meaning when stated in the concept of a “rule”; on the one hand, it means that there are certain criteria which must be followed in order to maintain the protocol of meaning and conceptual comprehension and intelligibility, as in the statement, “The Rules of language must be followed”; on the other hand, it can also convey the idea that language encompasses a power beyond the mere visibility on paper or on screen, as in: “Language rules the day”. It is the combination of both which, when followed and applied effectively, allows for the explosive efficacy of a presentation.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, it is always important to understand and appreciate the fact that a Federal Disability Retirement application is first and foremost a paper presentation to the office which makes a determination on the packet. Thus, tantrums and pleas will not move the bureaucracy; however, effective word usage will.

The connection between action and language must be contained in the Federal Disability Retirement presentation itself, through effective and persuasive use of language. When once upon a time a tantrum served one’s purposes well, such a time became long past when the rest of the world determined that language needed to be delinked from actions, and it is language alone which would rule the day.

For Federal and Postal employees suffering from a medical condition such that the medical condition impacts the ability to perform all of the essential elements of one’s job, the “action” part of the process is left to dealing with the medical condition itself. For the formulation and filing for the administrative procedures identified as “Federal Disability Retirement benefits“, it is the language itself which will rule the day, by following the effective rules of language.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Insular Worlds

The private domain of individual, insular worlds always remain unknowable and profoundly unreachable. We can extract common linguistic signposts to have some superficial encounters, with at least a semblance of comprehension; but in the end, can one ever “know” the sensation of pain which another experiences? Or the extreme emotional turmoil that a person who suffers from schizophrenia or Bipolar Disorder; the diffuse pain of a person suffering from Fibromyalgia; or the cognitive dissonance of one beset by Major Depression, uncontrollable anxiety or panic attacks?

Yet, it is a necessary step in preparing, formulating and submitting a Federal Disability Retirement application to the U.S. Office of Personnel Management, whether under FERS or CSRS, to have the ability to convey, delineate and describe the nexus between one’s experiential phenomena of the insular world of a medical condition, and one’s external encounter with the Federal position in the work-world.

The private chaos of one’s medical condition must be linked to the public display of one’s physical or mental capacity and capability in the employment with the Federal Sector or the U.S. Postal Service; how one makes that connection, the manner of the description, and the characterization of the impact of the former upon the latter, will make all the difference in the world whether or not that unique universe of insularity can be protected from the progressive harm of one’s job.

For, in the end, it matters not whether one can adequately relate to another’s medical condition; it is enough to know that the private domain of one’s life is that which makes human consciousness the unique mystery peculiar to the human animal.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Doctor II

Work is good for a person — being productive, being useful, being a contributing member of a team, an agency, an organization; it provides a sense of self-worth, dignity, and therapy. On the one side, that is why a Federal or Postal worker takes such a long, careful and hesitant step before deciding to file for Federal Disability Retirement. On the other side, the treating doctor knows the medical, therapeutic and healing value of work.

That is often why doctors are reluctant to agree to support a Federal or Postal worker’s decision to file for disability retirement under FERS & CSRS. Such reluctance, however, is mostly due to an unfamiliarity with the legal standards required to obtain disability retirement. Most doctors are familiar with the Social Security process of filing for disability benefits; and, further, many doctors are familiar with State Worker’s Compensation benefits and process; and, to a lesser extent, Federal Worker’s Compensation programs. Very few doctors are familiar with Federal Disability retirement benefits under FERS & CSRS. That is why it is important to clearly, concisely, and thoroughly inform the treating doctor of the process — and, often, it is wise to have an attorney who can clearly explain and delineate the process.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Doctor & the Applicant

Before a client hires an attorney to obtain Federal Disability Retirement Benefits under FERS or CSRS, it is important that he or she has an initial commitment from the treating doctor, that a medical narrative report discussing and addressing the specific issues surrounding Federal disability retirement will be prepared. While medical reports are always helpful, and sometimes a disability retirement application can be successfully prepared, submitted and approved with the supporting documentation being comprised entirely from treatment and diagnostic records, such an application can only be compiled with the assistance of an experienced attorney.

The properly prepared medical narrative is crucial to the success of a Federal disability retirement application, generally speaking. Further, the compendium of case-laws issued by the Merit Systems Protection Board over the past decade (and longer) clearly reveal that greater weight will be given to a medical disability retirement narrative prepared by a treating doctor of long-standing tenure having a doctor/patient relationship, as opposed to a single-examination doctor for purposes of disability determination. The key? Form that bond with the treating doctor — such that the treating doctor is truly your “treating physician”.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Doctor

Doctors hate administrative duties.  They went to medical school, and they want to practice medicine, not law.  If they wanted to engage in vast amounts of paperwork, they would perhaps have gone to law school.  As such, paperwork, writing medical narrative reports for their patients, providing medical opinions in a report — they are part and parcel of the dreaded “paperwork” — somewhat like filling out all of the forms for medicare, medicaid, insurance, etc. to get paid. Such paperwork is often left to the “administrative staff”, and therefore doctors are only sporadically required to actually prepare any paperwork.

This presents a peculiar problem for a potential disability retirement applicant, because in order to obtain Federal Disability Retirement benefits under FERS or CSRS, an applicant must have a doctor’s narrative report which delineates certain issues, addresses certain issues, and renders certain opinions.

Thus, the crucial question becomes: How does one approach a doctor and convince him or her that preparing a proper medical report is an integral aspect of treating the patient? The answer: It must be done with diplomacy, sensitivity, caution, guidance, and understanding, all bundled into one. Above all, it begins with a relationship — a patient-doctor relationship that has been formed over many, many years. And, indeed, that is the requirement under the case-laws at the Merit Systems Protection Board governing disability retirements — that those opinions rendered by treating doctors of long duration are accorded greater credibility than single-examination doctors. And it all makes sense.

Sincerely,

Robert R. McGill, Esquire