Medical Retirement for Federal Workers: Being Effective is the Point

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to bifurcate the various and multitudinous issues, assign (implicitly) the import, relevance and correlative significance of each issue as it relates and satisfies the criteria for eligibility; then, to proceed to systematically delineate each such issue, yet present them in a narrative fashion such that they constitute a sufficiently human narrative to convey the impact of the medical condition.  

As the Office of Personnel Management often attempts to rebut and argue, the “mere existence of a medical condition does not warrant approval of a Federal Disability Retirement application.”  That being said, a clinical approach to listing a set of diagnosed medical conditions obviously is insufficient to persuade and convince the Office of Personnel Management of one’s eligibility and entitlement to Federal Disability Retirement benefits under FERS or CSRS.  For, isn’t that ultimately the point — to get it approved?  

It becomes an act of futility to stand on a hilltop and repetitively declare, “I have a medical condition,” without being effective in presenting such a condition and obtaining an approval.  Of course, this is an administrative process; as such, it will often take more than the First Stage of the process before all of the factors coalesce with a resultant approval — the right balance between persuasion, facts, narrative form, medical documentation, legal argumentation, clinical notes, statement of disability, etc. Being “effective” means attaining that right balance between the medical, the legal, and the personal.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Those Chronic Medical Conditions

Often, in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there is the concern that because a particular medical condition has had a “chronic” nature to it (whatever the particular diagnosis is, to include Chronic Fatigue Syndrome, Failed Back Syndrome, Fibromyalgia, Chronic Pain, etc.), that somehow it will impact the chances of being approved for Federal Disability Retirement benefits under FERS or CSRS.  

The argument and concern goes somewhat as follows:  X Federal or Postal employee has been able to work for Y number of years for the Agency or the U.S. Postal Service; the medical condition has not prevented the Federal or Postal employee from performing the essential elements of the job all these years, because the Federal or Postal employee has simply endured the chronic nature of the pain; therefore, the medical condition (it is feared) cannot be cited as a basis for an approval from the Office of Personnel Management.  

However, the mere rationale that a particular medical condition is chronic, inherently or otherwise, is not a basis for being concerned about a denial.  The fact is that a particular Federal or Postal employee was able to perform the essential elements of his or particular job for many years; the chronicity of the medical condition is often the case; but at some point, the constant, chronic pain comes to a point where the Federal or Postal employee is no longer able to physically, emotionally or mentally tolerate the extent, duration and severity of the pain.  At such a critical point, it is time to file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire