In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important not to confuse the difference between that which is central in proving one’s Federal Disability Retirement application, from that which is merely of persuasive import.
In some cases, there may be a necessity, for very pragmatic reasons, to deliberately switch the two; but as a general rule, the argument for persuasive documentation should be used as secondary sources of proof.
Often, the choices are limited for the Federal or Postal employee: either one continues to work at a job where it is clear that performance, attendance, or capability to continue is steadily and progressively deteriorating; or one can simply quit and walk away from the Federal or Postal job without doing anything (not an advisable option); or, one can file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management. That being said, if the Federal or Postal employee takes the third option of Filing for Federal Disability Retirement benefits, then one must necessarily prove one’s case.
In order to prove one’s case, one must have a supportive doctor.
While VA ratings, OWCP Second Opinion doctors’ reports, etc., constitute examples of evidence which may be persuasive, the centrality of one’s case is represented by a narrative report from one’s own treating doctor. In some cases, when one’s own doctor will not support such a case, one may use the persuasive evidence as the key to proving one’s case, but as a general rule, they should remain as collateral sources of proof.
Remember that “what” is used is important, but sometimes, “how” it is used can be just as important, if not more so.
Sincerely,
Robert R. McGill, Esquire
Filed under: Burden of Proof, Uncategorized | Tagged: attorney representing federal workers for disability throughout the united states, bi polar disorder disability opm help, bop fers medical retirement attorney, complain dol owcp usps and turning to a fers medical retirement lawyer to file a disability claim, complains owcp now what, completing the usps medical application, disability retirement for federal employees, disability retirement for veterans administration employee, Federal Disability, federal disability retirement, federal disability retirement lawyer helping colorado residents, federal government medical retirement, fers disability and the medical narrative report, FERS disability lawyer, FERS disability retirement, hostile work environment memorandum and point of authority, how to use collateral medical determinations from the owcp, law firm representing clients in opm disability law all across america, medical documentation tools used to prove a usps disability case, medical evaluation from primary treating physician, medical narrative for federal disability claims, medical narrative reports that support a federal employee's claim, medical retirement federal government employment, narrative medical reports used in the federal disability retirement process, nationwide representation of federal employees, opm and tramatic injury, opm disability 80%, OPM disability retirement, opm doctors form to apply for disability retirement with fers, opm multiple sclerosis disability retirement, opm supportive medical documentation, owcp disability retirement, owcp retirement and regular retirement federal jobs, persuasive tools that can help you to make your fers disability claim stronger, plantar fasciitis is a chronic condition under the fmla opm disability retirement, Postal disability, postal service and carpal tunnel compensation, postal service disability retirement, primary documentation in a fers disability claim should ideally come from the treating physician, representing federal employees from any us government agency, support to a physician's medical narrative, taking sick leave during pip federal government, the supportive physician, the valuable support from your treating physician, tools a disabled federal employee can use to prove his or her case, tools you use to prove your fers disability claim help but don't alone prove your case, using disability ratings from the owcp and the va for the fers disability application, using medical documentation from the owcp, USPS disability retirement, va employee disability retirement benefits, what supportive documentation or evidence really means under opm disability law, what the doctor says in narrative report is the key to get opm disability, when your job accelerates a pre existing back condition owcp, why will va disability seek medical opinion although you submitted nexus, will I get a favorable decision for my fers retirement disability if ssd approves me? it should help but you still have burden of prove ask atty free first time consultation, workplace harassment in post office causing stress | Leave a comment »
The Physicians and the Substance of a Federal Disability Retirement Case
Ultimately, the essence of any claim, endeavor, vocation or activity possesses a characteristic “essence” of a matter — that which defines itself, reveals its core value, and manifests the substantive content of what X “is” as opposed to the accidental and peripheral appearances which can throw one off from the central enigma of that which we seek to unravel.
That is the defining history of Western Philosophy; it is what Plato began in inquiring about the differences between Forms and appearances; what Aristotle did in rolling his sleeves up and getting down to the serious work of scientifically approaching the world through observation and keen perspective; and in more modern times, it is encapsulated by the work of Heidegger, who viewed every being as an encounter to unmask in the experiential sequel learned from his master, Edmund Husserl and the school of phenomenology.
The History of Philosophy has since been one of loss of stature, as all of the subsciences have taken on their prominent roles and fractured apart from the umbrella of philosophy. Psychology, Anthropology, Physics, Theology — they have all found and formed their own mouthpieces.
Medicine and the physicians who represent the discipline of the medical community have a unique and enduring perspective; it has now become defined by an approach of pharmacology and surgery, prompting alternative movements of holistic endeavors. But until a time in a distant future which accepts “other” approaches, it is the physician with an “M.D.”, “D.O.”, or other such designation, which will be necessary in the acceptable community of opinions and judgments. Yes, Chiropractic care, Physical Therapists, Nurse Practitioners, Psychologists and LCSWs can help to prove a case; but the central focus of authoritative acceptance still comes primarily from that guy or girl who went to “medical school”.
For the Federal and Postal employee who seeks to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the core of one’s case must be based upon a view towards the examiner, reviewer, or “Administrative Specialist” as designated by OPM, and what that individual will accept as the authoritative basis of a viable Federal Disability Retirement case. This is a world where the word of the physician is paramount; and those in the communities of subsets can certainly lend authoritative support; but it is always a mistake to confuse the outpost for the headquarters.
In a viable OPM Disability Retirement application, it is important to obtain the opinion and support of that which will provide the essence of authoritative support, to the greatest extent possible. What opinion to seek; how the narrative opinion is characterized; who provides it; and what the substantive content will state — all will make a difference in preparing and formulating a Federal Disability Retirement application, and its proper presentation to the authorities at the U.S. Office of Personnel Management.
While the “enemy” may attack and destroy the perimeters and outposts, until the neurological center of an organism is defeated, all such efforts are destined to fail.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Actors - The Doctor | Tagged: a doctor's comments are more important than a supervisor's comments in an opm claim, a good medical narrative support is essential for a fers disability retirement application, advising your treating doctor about your opm disability application, an effective narrative presentation for my opm disability claim, approaching a physician with the 3112C in your hand, arming your doctors for the federal disability battle, can I use the reports of a physical therapist or a chiropractor for my fers disability case?, consistency physician statement work medical release opm, CSRS disability retirement federal attorney, dealing with the doctor after a disability in the workplace of the federal government, doctor supporting disability fers, don't undermine the role of your family doctor during the fers disability process, enlisting the help of a licensed clinical social worker (lcsw) for my own federal disability case, federal employee disability claims and therapist's reports, fers disability and the medical narrative report, FERS disability retirement, I need help deciding what to do with my fers disability claim, is it possible to use a psychologist for his/her medical reports regarding a federal disability-based retirement?, law firm representing clients in opm disability law all across america, medical conditions must be explained in plain english for the 3112c, medical documentation from the chiropractor's office, medical evaluation from primary treating physician, narrative example of fers disability retirement, narrative medical reports used in the federal disability retirement process, nationwide representation of federal employees, nurse practitioners and federal disability retirement, postal service disability retirement, primary documentation in a fers disability claim should ideally come from the treating physician, statements from nurses in federal disability compensation cases, stress claims and psychologist's reports for your fers medical claim, the essence of a federal disability case, the family doctor as a guardian angel during the opm disabiity process, the most complete blog on federal disability retirement, the opm disability claim and the treating doctor you know best, the way doctors view your medical conditions and write a narrative is important for an opm disability claim, using a nurse practitioner's statements in support to your fdr case, using chiropractors for your federal disability retirement application, what other health professionals can help in a postal or federal disability cases?, why is so important the medical narrative of the federal employee, writing a persuasively descriptive narrative for opm disability | Leave a comment »