FERS & CSRS Disability Retirement for Federal and USPS Workers: The Reluctant Doctor II

Dealing with the Reluctant Doctor — one who presumably has been treating the potential applicant for Federal Disability Retirement benefits for at least several months, but often for several years — is a rather “touchy” subject.  

On the one hand, the build-up of confidence, confidentiality, and security developed over many years of having a doctor-patient relationship is at stake; on the other hand, the Federal or Postal employee has come to a critical point in his or her future, career and professional life, where the support of the treating doctor in the preparation, formulation and filing of a Federal Disability Retirement application has become necessary.  

Doctors, by nature dislike the administrative aspects of preparing lengthy medical narrative reports.  Yet, most doctors recognize the necessity of that aspect of their practice, and are willing to perform the service as part of their duty to their patients.  A diplomatic, sensitive balance must be struck, but one that is honest and placed within the appropriate context of one’s health and future well-being.  

In essence, the doctor must be asked about his or her support in preparing a Federal Disability Retirement application under FERS or CSRS, but in the context of a larger discussion concerning one’s health, treatment modalities, permanency and chronicity of disabling medical conditions, and future treatment.  In essence, the “reluctant doctor” must be persuaded to disrobe his or her reluctance, for the sake of the patient’s health.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Garnering the Differing Perspectives

There are varying and (sometimes) competing perspectives, which must be garnered for a cooperative totality of perspectives — including the perspective of the Agency, the Office of Personnel Management, the applicant filing for Federal Disability Retirement under FERS or CSRS, and the doctor.

The doctor, of course, is naturally suspicious of the entire process.  That is why it is crucial to explain the process, the distinction between OPM Disability Retirement and other processes such as SSDI and OWCP.

There may even be an underlying hesitation because of the suspicion of a contemplated lawsuit.  If the doctor is a surgeon, he or she might be suspicious that the reason why you are asking for a medical narrative report is because you want the doctor to admit that the prior surgical intervention was unsuccessful, and that such an admission will be used to file a medical malpractice lawsuit.

Without addressing the issue directly, by explaining the process of filing for Federal Disability Retirement — what it entails; what is needed; why and how it is different from other processes — will ultimately benefit the applicant and the entire process by garnering the support of the doctor.  Explanation and understanding is always the best avenue to easing the mind of suspicion.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement for Federal and Postal Employees: Doctors Do Want to Help

It is rare that a treating doctor fails to help, or refuses to help.  Yes, “getting involved” in a “legal case” is not only a headache, but for a doctor, it is often an intimidating experience, and many doctors have become “gun shy” over the years because of the negative experiences which have befallen them when getting involved in the legal side of his or her medical practice.

Look at it from the doctor’s viewpoint.

While one may fully understand the distinction between Federal Disability Retirement issues under FERS or CSRS, and those “other” issues (i.e., OWCP/FECA Department of Labor cases, or personal injury cases, etc.), from the treating doctor’s viewpoint, they are all “legal” issues.  And, from the doctor’s perspective and prior negative experiences, once you stick your neck out on behalf of a patient and get involved in a case, one never knows what it may lead to — court, depositions, cross-examinations, etc.  But there is indeed a difference and a distinction between those “other cases” and filing for Federal Disability Retirement cases.

To soothe the feathers of a doctor is important; to take the time to explain the process is vital; to make the job of the doctor as efficient and non-threatening is the key to a successful Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Disarming the Doctor

To some extent, there is indeed a “difference” and a “distinction” between an Administrative process of law, and a “legal” or “courtroom” (i.e., “adversarial”) process of law.  Doctors are, by either personal & professional direct experience, or from hearing or reading about others, keenly aware of the horrors of the “legal” process.  Malpractice lawsuits, personal injury lawsuits, subpoenas, depositions, being cross-examined by a defense attorney (or the Plaintiff’s attorney, whichever may be the case) on the stand — these are all intimidating factors that are deliberately avoided. 

Because of such negative experiences, perspectives, memories or viewpoints about the legal process, it is often an unfortunate fact that doctors “run for cover” whenever there is even a hint that one is being asked to involve him or herself in such a “legal process”.  Doctors will outright refuse to write a medical report; one may be dropped as a patient suddenly and without warning; there may be considerable delays and obfuscation in responding to a request for a written narrative report.  These are merely some of the underlying reasons why an SF 3112C should never be used — because it does not properly explain what it means to “get involved” in the administrative process.  To this extent, it is important to have an attorney who will carefully, and with great tact, explain the process of obtaining Federal Disability Retirement benefits — and thereby “disarm” the doctor from being intimidated.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Discretionary Judgments

There are many things in the long process of getting a FERS Disability Retirement application approved, which are purely “discretionary”, based upon one’s experience, sense of a case, an ear to listening to a client, and based upon a compendium of factors, facts and circumstances, to come up with the “best” decision on a particular issue.  A person who tries to go through the process alone, without the ear, mind, experience or judgment of an attorney who knows the process governing Federal Disability Retirement under FERS, has to make such discretionary decisions without the benefit of past experiences. 

Such decisions can range from small issues of:  how and when a treating doctor should be approached in the request for a medical narrative; how much guidance the doctor would need or want in preparing a medical narrative report; when and how to inform the agency of the pending decision to file for Federal Disability Retirement benefits, etc.; to the larger decisions, such as which medical conditions and reports to include in the final packet to be submitted to the Office of Personnel Management; and many other such discretionary decisions.  Yet, when grouped together, the complex interactions of the multiple “discretionary judgments” can often make or break a case.

Sincerely,

Robert R. McGill, Esquire