Tag Archives: light duty restrictions and if the surgeon will admit his surgery didn’t work

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 disability retirement 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 Employee 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

 

FERS & CSRS Disability Retirement: The Doctor

Out of all of the elements comprising a Federal Disability Retirement application — the various aspects, including medical, personal, impact-statement, statement of disability, Supervisor’s Statement, etc. —  the essence of it all must be coordinated around the core of the case:  the medical narrative report.

That alone has multiple, inherently complicating factors:  Why won’t the surgeon write the report?  Why is it that the Pain Management doctor, or the Internal Medicine doctor, or the Family Physician is the one often most cooperative and willingIs the Chiropractor’s opinion sufficient?  Is it helpful?  How detailed must the report be?  How long must you be a patient in order to establish the threshold of having a “longstanding doctor-patient relationship“?  Are medical records in and of themselves sometimes sufficient to obtain Federal Disability Retirement benefits?  Is it sufficient to get a Therapist to do the report, without the Psychiatrist?  Can a therapist alone win a case? Must I undergo a Functional Capacity Evaluation?  Can I use reports from an OWCP Second Opinion doctor?  If my Psychiatrist only sees me for five minutes each time and prescribes the medication, is it necessary for him/her to write a report?  How detailed must the report be?  Is the doctor going to understand, let alone actually read, the SF 3112C?  These are just some of the questions which one is immediately confronted with, in beginning the process of putting together a Federal Disability Retirement application under FERS or CSRS.  It is a complex, overwhelming process.

Sincerely,

Robert R. McGill, Esquire