• Home
  • About Me
  • Contact Us
  • Copyright
  • Credentials

OPM Disability Retirement

Entries RSS | Comments RSS
  • Pages

    • About Me
    • Contact Us
    • Copyright
    • Credentials
  • Categories

    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (43)
    • Burden of Proof (30)
    • Clarifications of Laws or Rules (160)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (17)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (64)
    • Federal Disability Judge-Made Decisions Quoted (35)
    • FERS Disability (10)
    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
    • Mental/Nervous Condition (48)
    • Miscellaneous (179)
    • OPM Disability & OWCP Workers Comp Filings (44)
    • OPM Disability & SSA Social Security Disability Benefits (39)
    • OPM Disability & VA Benefits (4)
    • OPM Disability Actors (286)
      • OPM Disability Actors – The Agency (54)
      • OPM Disability Actors – The Applicant (77)
      • OPM Disability Actors – The Attorney (55)
      • OPM Disability Actors – The Doctor (53)
      • OPM Disability Actors – The Human Resources Office (17)
      • OPM Disability Actors – The MSPB Administrative Judge (6)
      • OPM Disability Actors – The OPM Representatives (31)
      • OPM Disability Actors – The Others (9)
      • OPM Disability Actors – The Supervisor (13)
    • OPM Disability Administrative Law (Statutory and Non-Statutory Law) (13)
    • OPM Disability and a Hostile Working Environment (11)
    • OPM Disability Application (185)
      • OPM Disability Application – SF 3112 Disability Retirement Application Package (28)
      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
      • OPM Disability Application – SF 3112B Supervisor’s Statement for CSRS and FERS (9)
      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
    • OPM Disability Process (158)
      • OPM Disability Process – 1st Stage: OPM Disability Application (35)
      • OPM Disability Process – 2nd Stage: OPM Reconsideration Stage (28)
      • OPM Disability Process – 3rd Stage: MSPB Stage (17)
      • OPM Disability Process – 4th Stage: Petition for Full Review at the MSPB (4)
      • OPM Disability Process – 5th Stage: Federal Circuit Court of Appeals (2)
    • OPM Disability Retirement & EEOC Complaints (4)
    • OPM Medical Questionnaire (8)
    • Post-Application Issues (19)
    • Pre-Application Considerations (427)
    • Professional & Expert Witnesses (5)
    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (1,733)
    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (34)
    • SF 3112 Forms (10)
    • Specific Medical Conditions (28)
    • The Job of a Federal Disability Attorney (79)
    • Theory and Practice: Tips and Strategies for a Successful Application (202)
    • U.S. Merit Systems Protection Board (MSPB) (21)
    • U.S. Office of Personnel Management (OPM) (77)
    • U.S. Postal Service (USPS) Disability Retirement (36)
    • Uncategorized (377)
    • When the OPM Application Is Approved (13)
    • When the OPM Application Is Denied (88)
  • Past Blogs

  • Top Posts

    • Medical Retirement for Federal Employees: Getting Started
    • FERS Disability Retirement from OPM: Failure of Proof
    • OPM Medical Disability Retirement under FERS: Messing Things Up
    • FERS Long Term Disability Benefits: The Edge of Doubt
    • Contact Us
    • Medical Retirement Benefits for US Government Employees: The Fears We Hide
    • FERS/SSDI Offsets: Major Precedent-setting Case
    • Long Term Disability Federal & Postal Employees: Different Arguments
    • Federal Employee Disability Retirement Help: From Pain to Paper
    • About Me

Postal and Federal Disability Retirement: The Volume-based Application

Posted on January 20, 2014 by Federal Disability Retirement Attorney

A declaration of the sheer volume of medical evidence submitted is often an indicator of the basis for which a Federal Disability Retirement application was formulated; for, in the end, if reliance of the successful outcome of a Federal Disability Retirement application is expected based upon the longevity and extent of a medical condition, the chances of an initial approval may be somewhat compromised to begin with.

Volume can never replace content; and from the perspective of the U.S. Office of Personnel Management, there is often an underlying suspicion that receipt of a thousand pages of medical documentation indicates merely that volume of treatment is being substituted for the substantive content of meeting the required legal standards.

Much of medical notation and treatment records merely reflect a particular appointment’s mechanical applications — continuation of previous treatment plan; refill of prescriptions; standard positive or negative responses to particular questions; prospective treatment modalities; and, as supportive evidence attached to a substantive medical report, they can reinforce the satisfaction of the legal criteria of establishing the necessary nexus between one’s medical condition and the inability to perform the essential elements of one’s job.  But left as a replacement for the doctor’s explicit statement confirming such a nexus, it remains a hollow voice within an expansive but empty chamber.

One should never mistake the legal distinction between “primary” evidence and “supportive” evidence.  The former is meant to establish the nexus between one’s medical condition and the essential elements of one’s job; the latter is submitted to reinforce the former.  When one utilizes the former as the substitute for the latter, it is like the self-delusion that just because you are the best player on a pick-up team in your neighborhood, you are ready to enter into the world of professional sports.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM | Tagged: a good measure of credible proof to show you are disabled under fers/csrs laws, a process that requires proof and documentation, a strong and solid foundation for your fers disability retirement case: high quality and a relative quantity of medical evidence, accurate and proper medical documentation key for getting fers disability, advice on the opm disability retirement paperwork and process, attorney representing federal workers for disability throughout the united states, being careful with the medical documentation you submit to opm, building a strong opm claim doesn't take lots of medical documents, can you add medical documentation after originally submitting opm disability claim?, compiling medical evidence to support opm disability application, CSRS disability retirement federal attorney, deciding what medical documentation is relevant to your opm claim, determining whether you have enough medical evidence for an opm claim, disability paperwork usps, do I have the appropriate medical documentation to support my fers disability retirement application?, documentation proof during the federal disability retirement process, emphasizing quality in submitting opm medical records, evidence needed to get my fers disability application approved, FERS disability retirement, finding persuasive evidence to approve your fers disability application, gathering medical documentation for an incapacitated federal employee, getting quality and substantial medical documentation, getting relevant medical documentation key in securing opm disability, getting the right forms and medical evidence for your federal disability application, giving only quality information in your fers disability retirement, handling your fers disability application paperwork to your agency, how much medical documentation opm disability retirement, insights to the opm proof-process, keeping track of all disability retirement paperwork submitted to opm, law firm representing clients in opm disability law all across america, making rational arguments along with sound medical evidence, medical evidence a federal worker will need to retire for ptsd, nationwide representation of federal employees, opm disability application paperwork flow, opm disability legal sufficiency and proof, OPM disability retirement, place quality over quantity, postal service disability retirement, proof of disability for federal workers, proof of eligibility in federal postal disability, quality versus quantity on medical documentation, quantity and quality of information in the internet about the fdr process, relevance over quantity in opm medical retirement paperwork, representing federal employees from any us government agency, submitting a balanced and credible medical documentation to the opm, the nature of your medical conditions determines the quality and quantity of the medical documentation needed to win a case, the opm must evaluate medical documentation, time for the doctor to prepare a proper opm medical documentation, USPS disability retirement, usps medical documentation requirements, what kind of paperwork do I need to show I need to medically retire from the government, what medical documents to use in an opm disability application, what medical evidence is needed for an opm claim?, what other medical documentation to use in fers disability retirement, when the opm argues that your medical documentation is not good enough, your weakest medical documentation is the one that the opm may use to deny fers disability benefits | Leave a comment »

Federal Employee Medical Retirement: From the Agency to OPM

Posted on April 30, 2012 by Federal Disability Retirement Attorney

Perhaps they are trying to be helpful; but, more likely, the Agency through which a Federal Disability Retirement application is routed, before being forwarded to the U.S. Office of Personnel Management, first to Boyers, Pennsylvania, then on to Washington, D.C., is merely acting (or reactively conducting its day to day affairs, as is often the case) in the manner that most Federal agencies and the U.S. Postal Service do — a mixture of thoughtlessness, and without a view to helping the Federal or Postal employee.

Whether the Federal Disability Retirement packet contains all of the documents which were originally submitted to the agency before the agency processed their portion, is a mystery which will often remain unresolved unless it goes to the Third Stage of the process, which is the U.S. Merit Systems Protection Board.

At the appellate stage (the MSPB appeal), upon an appeal by the Federal employee or the Postal employee, the U.S. Office of Personnel Management is required to send to the appellant and his/her attorney, a complete copy of the file concerning all documents related to the disability retirement application.  Until that time, one never knows whether — at the agency, where the Supervisor’s Statement, the SF 3112D, and all the other Standard Forms are to be completed — the Human Resources person at the agency forwarded everything which was submitted by the applicant.

If it is approved at the First Stage, or course, the question becomes an irrelevancy; if it is denied, one can sometimes infer from the body and substantive content of the denial whether certain documents were missing.  But that is the problem of accountability; agencies are rarely accountable; and if it ever comes to light that certain acts of incompetence were clearly engaged in, the scramble to point fingers in different directions always seems to work.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Actors - The Human Resources Office | Tagged: blog on civil service disability retirement, civil service disability retirement, CSRS disability retirement federal attorney, federal civil servant disability lawyer, Federal Disability, federal disability retirement, FERS disability retirement, forms and medical documentation lost in their way to the office of personnel management, frustration over the way human resources handles your medical disability, handling your fers disability application paperwork to your agency, how do you know if the agency has submitted all the proper medical documentation and forms to the opm, incomplete fers disability documents sent to the opm, lawyer representing postal workers, OPM disability retirement, opm medical documents, owcp disability retirement, personal medical documentation in the hands of the opm and federal agency, Postal disability, Postal disability retirement, postal service disability retirement, postal service human resources and their handling of opm disability claims, proving you submitted all necessary medical documentation to the opm, representing federal employees from any us government agency, resources for injured federal workers, the federal disability packet you submit to your agency's human department office, the most complete blog on federal disability retirement, the postal service human resources shared services (hrss), the way human resources will probably handle your federal disability retirement forms and medical documentation, the way your agency's human resources handles your opm disability application, usps disability blog, USPS disability retirement, when your medical documents get lost | Leave a comment »

  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
  • Calendar

    March 2021
    S M T W T F S
     123456
    78910111213
    14151617181920
    21222324252627
    28293031  
    « Feb    
  • Archives

    • March 2021 (1)
    • February 2021 (24)
    • January 2021 (26)
    • December 2020 (28)
    • November 2020 (26)
    • October 2020 (27)
    • September 2020 (26)
    • August 2020 (26)
    • July 2020 (28)
    • June 2020 (26)
    • May 2020 (26)
    • April 2020 (26)
    • March 2020 (26)
    • February 2020 (25)
    • January 2020 (27)
    • December 2019 (28)
    • November 2019 (27)
    • October 2019 (27)
    • September 2019 (25)
    • August 2019 (27)
    • July 2019 (28)
    • June 2019 (23)
    • May 2019 (27)
    • April 2019 (26)
    • March 2019 (26)
    • February 2019 (24)
    • January 2019 (28)
    • December 2018 (27)
    • November 2018 (27)
    • October 2018 (27)
    • September 2018 (25)
    • August 2018 (27)
    • July 2018 (27)
    • June 2018 (26)
    • May 2018 (27)
    • April 2018 (22)
    • March 2018 (26)
    • February 2018 (24)
    • January 2018 (27)
    • December 2017 (26)
    • November 2017 (27)
    • October 2017 (26)
    • September 2017 (26)
    • August 2017 (27)
    • July 2017 (26)
    • June 2017 (26)
    • May 2017 (28)
    • April 2017 (25)
    • March 2017 (27)
    • February 2017 (24)
    • January 2017 (26)
    • December 2016 (29)
    • November 2016 (26)
    • October 2016 (26)
    • September 2016 (26)
    • August 2016 (27)
    • July 2016 (26)
    • June 2016 (26)
    • May 2016 (28)
    • April 2016 (26)
    • March 2016 (27)
    • February 2016 (25)
    • January 2016 (26)
    • December 2015 (25)
    • November 2015 (24)
    • October 2015 (27)
    • September 2015 (25)
    • August 2015 (26)
    • July 2015 (28)
    • June 2015 (26)
    • May 2015 (25)
    • April 2015 (25)
    • March 2015 (26)
    • February 2015 (22)
    • January 2015 (26)
    • December 2014 (27)
    • November 2014 (22)
    • October 2014 (26)
    • September 2014 (26)
    • August 2014 (26)
    • July 2014 (27)
    • June 2014 (25)
    • May 2014 (26)
    • April 2014 (26)
    • March 2014 (26)
    • February 2014 (24)
    • January 2014 (27)
    • December 2013 (25)
    • November 2013 (25)
    • October 2013 (26)
    • September 2013 (26)
    • August 2013 (27)
    • July 2013 (27)
    • June 2013 (25)
    • May 2013 (27)
    • April 2013 (26)
    • March 2013 (26)
    • February 2013 (24)
    • January 2013 (26)
    • December 2012 (26)
    • November 2012 (25)
    • October 2012 (26)
    • September 2012 (23)
    • August 2012 (27)
    • July 2012 (22)
    • June 2012 (26)
    • May 2012 (24)
    • April 2012 (25)
    • March 2012 (25)
    • February 2012 (25)
    • January 2012 (25)
    • December 2011 (26)
    • November 2011 (24)
    • October 2011 (26)
    • September 2011 (25)
    • August 2011 (27)
    • July 2011 (25)
    • June 2011 (26)
    • May 2011 (25)
    • April 2011 (25)
    • March 2011 (27)
    • February 2011 (22)
    • January 2011 (23)
    • December 2010 (25)
    • November 2010 (23)
    • October 2010 (25)
    • September 2010 (24)
    • August 2010 (25)
    • July 2010 (28)
    • June 2010 (26)
    • May 2010 (29)
    • April 2010 (30)
    • March 2010 (26)
    • February 2010 (22)
    • January 2010 (23)
    • December 2009 (20)
    • November 2009 (19)
    • October 2009 (22)
    • September 2009 (18)
    • August 2009 (18)
    • July 2009 (23)
    • June 2009 (18)
    • May 2009 (11)
    • April 2009 (11)
    • March 2009 (14)
    • February 2009 (10)
    • January 2009 (10)
    • December 2008 (8)
    • November 2008 (8)
    • October 2008 (6)
    • September 2008 (4)
    • August 2008 (9)
    • July 2008 (8)
    • June 2008 (6)
    • May 2008 (18)
    • April 2008 (20)
    • March 2008 (31)

Blog at WordPress.com. WP Designer.