Federal Employee Medical Retirement: Choosing the Medical Conditions

Often, in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the question is asked as to which medical conditions should be included in a Federal Disability Retirement application.  The obvious answer, of course, is to identify the “most serious” of the medical conditions, with a secondary consideration being the ones which impact one’s ability to perform the essential elements of one’s job.  

Whether to list “all of them” is a separate question, and then there are the subtleties which further delve into a more detailed analysis of the creation of an effective nexus between one’s medical conditions, the job description which one is supposed to be doing, and the provability of the medical conditions identified and described.  

Inasmuch as a Federal Disability Retirement application under FERS or CSRS is a “paper presentation” to the Office of Personnel Management (and yes, the concept of a “paper presentation” still applies even if and when OPM converts entirely to the technological next-step of a paperless system; the Federal or Postal employee must still present a formatted application), the admixture of legal and medical issues will ultimately come about.  

The conceptual distinction between the diagnosis and the symptomatologies; the extent of willingness of what a treating doctor will state; the concordance between the diagnosis, the symptoms described, and their impact upon the particular elements of one’s position description; the potential impact of being found “disabled” by the Office of Personnel Management based upon a “minor” medical condition which may resolve itself in the future, as opposed to a more serious-listed one; the nebulous areas of “syndromes” (as in Chronic Fatigue Syndrome) and the description of symptoms and making sure to relate the symptoms to a particular medical condition — these are all “subtleties” which involve an intersection between the legal standard of proof and the medical “facts”, in formulating a Federal Disability Retirement application under FERS or CSRS.  But that it were as easy as simply listing one’s medical conditions.  But, alas, OPM is a Federal bureaucracy, and the combination of “the law” and “a bureaucracy” can only lead to one result:  a conundrum.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: How Many Should Be Listed (Part 2)?

The listing of the medical conditions in a Federal Disability Retirement application, as it is descriptively written on the Applicant’s Statement of Disability (SF 3112A) for FERS & CSRS disability retirement, to be submitted to the Office of Personnel Management, is a separate issue from the creative description of the symptoms which the applicant experiences as a result of the identified listing of the medical conditions.  Thus, a distinction should be made between the “official” diagnosed medical conditions (which should be limited in number, for reasons previously delineated) and the multiple and varied “symptoms” which result from the listed medical conditions.  Thus, while one may suffer from the medical condition termed as “Fibromyalgia”, the symptoms can be multiple:  chronic and diffuse pain; impact upon cognitive abilities, inability to focus and concentrate, symptoms which are often termed as “fibro-fog”, etc. 

When the Office of Personnel Management approves a Federal Disability Retirement application under FERS & CSRS and identifies the specific medical condition by which it is approved, it will identify the medical condition, and not the symptoms.  This distinction is important because, when an applicant prepares the narrative to show the Office of Personnel Management what he or she suffers from, the differentiation between conditions and symptoms is important to recognize when creatively and descriptively writing the narrative of one’s medical conditions.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Future Perspectives

People often act without forecasting prospective issues. In filing for disability retirement, it is important to take into account the emphasis and basis upon which one files for Federal Disability Retirement, because when an approval is given by the Office of Personnel Management, OPM identifies the specific medical disability upon which they granted the approval. As such, it is important for the applicant to base the application upon the medical condition/disability, in the sequence of importance, the most serious to the least serious.  This is important not only for purposes of winning disability retirement cases, but further, with a view to the future:  when the random Medical Questionnaire is sent to a disability retirement annuitant, if the medical condition upon which you were approved for was a minor, “least serious” medical condition, then 5 years or 10 years down the road, it may well have “resolved”, which puts you in danger of losing your disability retirement benefits.  This is why it is important to have a view to the future, and guidance and advice from an attorney is important in securing that future investment.  For, ultimately, obtaining disability retirement benefits which could potentially be the primary source of income for the next decade or two, is an investment for the future.

Sincerely,

Robert R. McGill, Esquire