Medical Retirement Benefits for US Government Employees: Succinctly Put

In a technological age where one’s attention is diverted by multiple needs, wants and necessities, the old adage that “time is money” is merely a reflection of the commodity-based approach prevalent in our society and lives at large.

One understands that in certain geographical locations, to encounter the salutation, “Hi, how are you,” is merely a formality, and is not meant to have one pause and actually provide the historical details of the past day, week or month, leaving aside any acceptable response other than a quick, “Fine, thank you,” and to walk quickly by.

In other parts of the country, foreign or domestic, such a greeting must actually be met with a personal conversation, lest one is left to be considered rude and unneighborly.  It is precisely because time is considered a valuable and threatened commodity, that one is left with attempting to devise ways in which to “maximize” the precious but ethereal substance.

In a Federal Disability Retirement application, when one approaches a medical doctor in requesting records, notes, or a rather detailed report in order to obtain support for one’s Federal Disability Retirement submission through the U.S. Office of Personnel Management, it is important to explain thoroughly; to request in detail; but at the same time, to remain succinct in order to deal with the aspect of time as a commodity.

Doctors know the value of time; they tie it to life and death decisions on a daily basis, and are keenly aware of the importance of a life’s time.  To show respect for a doctor’s time is important in the very approaching of the medical personnel.  It is simply one more thing to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits from OPM, whether under FERS or CSRS, for all Federal or Postal employees.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Priority and Importance

In preparing a Federal Disability Retirement application under FERS or CSRS, it is important to always distinguish between two conceptual paradigms:  priority of an issue, and the importance of an issue.

While gathering the proper evidence and substantiating medical documentation is of importance, it should not be the priority.  The priority — that which should precede another — should be to take care of the medical condition itself (i.e., to get the proper treatment modalities, to undergo the necessary diagnostic tests, to follow the treatment regimen of the doctor, etc.).

At some point, of course, the question will arise:  Is it time to consider filing for Federal Disability Retirement under FERS or CSRS?  Can I continue to work at my job?  Is my job performance suffering?  At that critical juncture, then the issue of importance may arise.  While priority has to do with that which is first in a series of issues, the concept of “importance” can entail multiple issues all at once.

Once the question of “whether” is answered in the affirmative, then one must begin to approach the doctor for his or her support; to begin to annotate how the medical condition is impacting one’s ability/inability to perform the essential elements of one’s job, etc.  All throughout, of course, the priority of getting the proper medical care is paramount.  Everything else is secondary, but other things can concurrently be of importance.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Tendencies

There are certain tendencies which seem to exhibit themselves on a spectrum of behaviors, and the pattern is fairly common.  As such, it is important to be aware of the natural tendencies of all parties involved when filing for Federal Disability Retirement benefits under FERS or CSRS.  For instance, it is a common tendency for the doctor — Family Doctor, Orthopaedic Surgeon, Neurologist, Psychiatrist, etc. — to avoid having to write a medical narrative report for a Federal Disability Retirement application.

What to do about it?  To try and place the doctor at ease by explaining the process in as direct, simple and concise manner as possible; then to tie the importance of the request for a Medical Narrative Report to the overall treatment plan for the patient — you.  To have an attorney involved can further ease the natural anxiety of a doctor — but it helps to have the client/patient forewarn the doctor as to the role and involvement of the attorney.

Attorneys and doctors are “natural enemies” (i.e., attorneys sue doctors; doctors hate to be sued; ergo, doctors have a natural tendency to dislike lawyers).  If the patient/client, however, approaches the doctor and explains that the lawyer who is representing him or her is there to explain the process, to guide the doctor in the preparation of the entire packet, including giving guidance to the doctor in formulating a medical narrative report, then the tendency towards anxiety and reluctance to assist in a Federal Disability Retirement application can be lessened and overcome.  Tendencies are there to be recognized, then to be adjusted in order to achieve a positive outcome.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Doctor II

Work is good for a person — being productive, being useful, being a contributing member of a team, an agency, an organization; it provides a sense of self-worth, dignity, and therapy. On the one side, that is why a Federal or Postal worker takes such a long, careful and hesitant step before deciding to file for Federal Disability Retirement. On the other side, the treating doctor knows the medical, therapeutic and healing value of work.

That is often why doctors are reluctant to agree to support a Federal or Postal worker’s decision to file for disability retirement under FERS & CSRS. Such reluctance, however, is mostly due to an unfamiliarity with the legal standards required to obtain disability retirement. Most doctors are familiar with the Social Security process of filing for disability benefits; and, further, many doctors are familiar with State Worker’s Compensation benefits and process; and, to a lesser extent, Federal Worker’s Compensation programs. Very few doctors are familiar with Federal Disability retirement benefits under FERS & CSRS. That is why it is important to clearly, concisely, and thoroughly inform the treating doctor of the process — and, often, it is wise to have an attorney who can clearly explain and delineate the process.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Doctor & the Applicant

Before a client hires an attorney to obtain Federal Disability Retirement Benefits under FERS or CSRS, it is important that he or she has an initial commitment from the treating doctor, that a medical narrative report discussing and addressing the specific issues surrounding Federal disability retirement will be prepared. While medical reports are always helpful, and sometimes a disability retirement application can be successfully prepared, submitted and approved with the supporting documentation being comprised entirely from treatment and diagnostic records, such an application can only be compiled with the assistance of an experienced attorney.

The properly prepared medical narrative is crucial to the success of a Federal disability retirement application, generally speaking. Further, the compendium of case-laws issued by the Merit Systems Protection Board over the past decade (and longer) clearly reveal that greater weight will be given to a medical disability retirement narrative prepared by a treating doctor of long-standing tenure having a doctor/patient relationship, as opposed to a single-examination doctor for purposes of disability determination. The key? Form that bond with the treating doctor — such that the treating doctor is truly your “treating physician”.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Patient/Applicant

Before even thinking about starting the process of filing for Federal Disability Retirement under FERS or CSRS, it is important for the patient/applicant to approach his or her doctor and get an initial commitment of support. For, ultimately, the most essential lynchpin of a disability retirement application hangs on the support of a doctor — from the first and initial stage, all the way to the Merit Systems Protection Board (where live telephone testimony may be necessary).

The “patient” needs to approach the doctor with sensitivity. It is probably not even a good idea to talk about anything beyond the first stage of the process — instead, the focus should be about how “support” for a disability retirement application is actually part of the rehabilitation and healing process of medical treatment. For, ultimately, a disability annuitant under FERS or CSRS is not asking to be “totally disabled” by the doctor (and, indeed, most doctors do not want to release their patients into the retirement “pasture” of full disability); rather, it is simply a medical support of reasoning that a particular patient is no longer a “good fit” for a particular kind of job. Don’t scare the doctor off with a view of the “long process”; rather, the initial commitment is all that is needed — for the first stage of the process.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Doctor

Doctors hate administrative duties.  They went to medical school, and they want to practice medicine, not law.  If they wanted to engage in vast amounts of paperwork, they would perhaps have gone to law school.  As such, paperwork, writing medical narrative reports for their patients, providing medical opinions in a report — they are part and parcel of the dreaded “paperwork” — somewhat like filling out all of the forms for medicare, medicaid, insurance, etc. to get paid. Such paperwork is often left to the “administrative staff”, and therefore doctors are only sporadically required to actually prepare any paperwork.

This presents a peculiar problem for a potential disability retirement applicant, because in order to obtain Federal Disability Retirement benefits under FERS or CSRS, an applicant must have a doctor’s narrative report which delineates certain issues, addresses certain issues, and renders certain opinions.

Thus, the crucial question becomes: How does one approach a doctor and convince him or her that preparing a proper medical report is an integral aspect of treating the patient? The answer: It must be done with diplomacy, sensitivity, caution, guidance, and understanding, all bundled into one. Above all, it begins with a relationship — a patient-doctor relationship that has been formed over many, many years. And, indeed, that is the requirement under the case-laws at the Merit Systems Protection Board governing disability retirements — that those opinions rendered by treating doctors of long duration are accorded greater credibility than single-examination doctors. And it all makes sense.

Sincerely,

Robert R. McGill, Esquire