CSRS & FERS Medical Disability Retirement: The Treating Doctor

There is efficacy and motivational bias.  Sometimes, unintended consequences result in the coalescence of both, but where the result is unaffected by the underlying reason for acting upon an event.

In OWCP cases, the motivational bias almost always includes the intent of the Department of Labor to try and save money, and to steer the injured worker to undergo treatment (if one can call it that) and oversight with one of “the company” doctors who can quickly declare a person to be healed and ready for return to full-time duty, despite protestations of pain, discomfort and limitation of movement, all to the contrary.

It is no accident that the ever-present Worker’s Comp Nurse who infringes upon the patient-doctor relationship by imposing her presence upon each visit, agrees whole-heartedly with any such assessment of full recovery, and ignores the pleas of the patient/OWCP benefit-recipient.

By contrast, those who are filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, are encouraged to speak with their longstanding treating doctors, as opposed to merely going to a doctor whose motivational bias may stem from the source of one’s payment.

Treating doctors who have a long tenure of doctor-patient relationships have little underlying motivation to do anything but look out for the best interests of the patient.  If Disability Retirement is the best course, then that will be what the treating doctor will support.  It is ultimately the relationship that has been established over the many years, which makes for all the difference.  And that difference is worth its incalculable weight in gold.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: OWCP Doctors, and Others, Etc.

Can a doctor with whom one has been treating, but one which was obtained through the Federal Employees’ Compensation Act, Department of Labor (FECA/DOL), Office of Workers’ Compensation Program (OWCP), be an effective advocate for one’s Disability Retirement application?  Of course.

Often, however, there is a complaint that the “OWCP doctor” is not very responsive to a Federal or Postal employee’s attempt to approach the question of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.  As FERS & CSRS Disability Retirement is based upon proving by a preponderance of the evidence one’s medical inability to perform one or more of the essential elements of one’s job, it is crucial that the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits have a supportive doctor.

While the Merit Systems Protection Board’s expanding case-law holdings continue to reinforce the idea that the most effective advocate in a Federal Disability Retirement case is a “treating doctor”, as such, medical reports obtained through 2nd opinion or “referee” consultations, or via filing for Social Security Disability benefits, may have some limitations on their usage; nevertheless, the weapons of arguing that an “independent” source of medical review also found that one could not perform one or more of the essential elements of one’s job, can be an effective substantive argument.

As for the OWCP-treating doctor, sometimes those forms completed by such a doctor will be enough to meet the eligibility requirements for OPM Disability Retirement — but that is an individual assessment based upon the uniqueness of each case.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Treating Doctor versus “Others”

Obtaining the support of one’s treating doctor is an essential element in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS. The “treating doctor” is a unique animal, and one who possesses peculiar and particularized knowledge specifically relevant to a Federal Disability Retirement case.  

The treating doctor usually has a longstanding relationship with the potential Federal Disability Retirement applicant; through extensive and multiple clinical encounters, has formed a professional opinion about the overall health issues of his/her patient; has often spoken about other matters, including personal issues, and therefore has formed that puzzling emotional bond identified as a “relationship” with the potential Federal or Postal Disability Retirement applicant; has knowledge of the history of the Federal or Postal employee, including personal tidbits of information; and other important information.  

Aside from the fact that the Merit Systems Protection Board’s specific acknowledgement of the importance of the treating doctor (while not denigrating the ability of a referral doctor or disability specialist in also playing an important part in the determination of an OPM Disability Retirement application), it is precisely because of this knowledge that he/she possesses — based upon a thorough understanding grounded upon historical information gathered over a span of time; based upon intimate clinical encounters; based upon a professional observation of the chronicity, impact and progressive nature of a medical condition upon the abilities and capabilities of the Federal or Postal employee — that a special “place” of status and stature is granted to the Treating Doctor.  

This is important to know in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire