Disability Retirement for Federal Government Employees: Stress & Exacerbated Medical Conditions

Often, the generic designation of “stress” is the underlying medical condition; other medical conditions can exist, and perhaps are exacerbated by the underlying condition of “stress” — or, at least that is the suspicion, both by the Federal or Postal worker who is suffering from such conditions, and (hopefully) understood by the treating medical doctor. 

While failing to have direct causal linkage, the situation often arises where the chronic medical condition may have periods of remission, followed by severe episodes of unrelenting exacerbations.  The problem with such medical conditions in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, is that the medical condition must prevent one from performing one or more of the essential elements of one’s job, and such a condition must last for a period of 12 months or more. 

Medical conditions which “wax and wane” (OPM’s favorite description of Fibromyalgia) and are “not severe enough to preclude an individual from the workplace altogether” (another of OPM’s favorite descriptive rationalizations for denying a Federal Disability Retirement application — which is legally inconsequential and a mis-statement of the laws governing Federal Disability Retirement) — present a special challenge in preparing, formulating and filing a Federal Disability Retirement application.  However, even a challenge such as “stress” and a secondary medical condition which is exacerbated for episodic periods, is one which can be overcome, and successfully overcome. 

The fact is that the focus is often misplaced.  Instead of asking the doctor to focus upon each individual medical condition, it is the wiser route to have the doctor discuss all medical conditions in their totality, and show that the complex interaction of the primary and secondary medical conditions together prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Which Medical Conditions to List II

If you list all of the medical conditions you suffer from on the Applicant’s Statement of Disability (SF 3112A) in filing an application for Federal Disability Retirement benefits under FERS or CSRS, then you take the risk that the Office of Personnel Management may approve your disability retirement application based upon a condition which is only marginally serious (which can lead to some future problems, if OPM requests that you respond to an OPM Medical Questionnaire, inquiring about your current status and your disability).  On the other hand, if you fail to mention a medical condition, and you file your Federal Disability Retirement application, once you are assigned a CSA Number, you are precluded from amending or adding to the list of medical conditions described in your Applicant’s Statement of Disability.  Thus, discretionary decisions must be made.  You must strike a proper balance between listing the major medical conditions, and deciding which medical conditions truly impact your ability/inability to perform the essential elements of your job, and discern which conditions and symptoms are likely to remain chronic, or continue to deteriorate.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Listing the Medical Conditions

The rule on an application for Federal Disability Retirement benefits under FERS or CSRS is that, once the application is filed with the Office of Personnel Management, the application cannot be amended or modified with respect to the “list” of medical conditions.  Thus, on the Applicant’s Statement of Disability (SF 3112A), one must list the medical conditions upon which the entire application for eligibility is based.  Once it is filed with OPM and a CSA Number is assigned to the case, you are restricted from being able to “add” to the list of medical conditions which are delineated on your statement.  This is fair enough, if one stops and reflects upon it, for a number of reasons.  For one thing, it would be unfair to have the right to change the basis upon which one has filed for Federal Employee Disability Retirement benefits under FERS or CSRS.  For another, OPM must be able to begin the process of evaluating the eligibility of a case without the potential for modification of the medical conditions, or the adding or subtracting of the underlying basis of the claim.  However, the mere fact that one cannot “add” to the list of medical conditions, does not prevent one from submitting additional supporting medical documentation (even from a previously-unnamed medical provider) which would support the already-listed medical conditions. 

Sincerely,

Robert R. McGill, Esquire