Medical Retirement for Federal Workers: Correlation, Correspondence & Causation

How we assert and connect disparate facts reveals the extent of one’s understanding of the conceptual distinctions to be made between correlation, correspondence and causation.

Correlation, in its normative usage, refers to the relationship between two or more things, and will often involve statistical dependence between entities.

Correspondence, on the other hand, will entail the agreement of one or more things with one another, or encapsulate similarities and reflective agreement.  Thus, one may discuss Russell’s and Moore’s “correspondence theory of truth“, for instance, where the proposed argument would involve the “agreement” between what one says, and its reflection upon the objective world which it is attempting to describe.

Causality, as a distinctive concept from the other two Cs, involves the sequential occurrence of one event followed by another, where the second event is accepted as a consequence of the first.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand the conceptual distinctions between these words, precisely because the Federal and Postal employee formulating the nexus between one’s medical condition and one’s position description must show the relationship between the two.

Thus, one may argue that a correlation exists between poor performance and one’s medical condition; or one may establish that the corresponding actions on the part of the agency involved references to medical reports and records; or that the position itself caused the exacerbation of the medical condition — although, the latter may be more relevant in a Federal Worker’s Comp case.

In arguing for eligibility for Federal Disability Retirement benefits, use of all of the linguistic tools available will provide a decided advantage; but usage must be preceded by understanding, and understanding must involve the careful analysis of the specialized application of conceptual constructs.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Preexisting Conditions

The concept of a “preexisting condition” necessarily entails a date before which something was in existence; thus, that condition X preexisted date-certain Y, such that X preexisted Y.  Such a condition — whatever the nature of “it” — is normally ascertainable by doctor’s notes, treatment records, etc.

The relevance of whether a certain medical condition “preexisted” a certain date, however, depends upon the issue and the forum.  For Federal OWCP cases administered under the Department of Labor, such an issue is often relevant in determining coverage, precisely because an on-the-job injury will entail causation not only regarding “how” and “where” the injury occurred, but further, encompassing whether a Federal or Postal Worker is making a claim based upon a new and heretofore unknown injury or medical condition, or is merely suffering from a condition which “preexisted” a particular date — either the date of employment, the date of claimed injury, etc.

In a Federal Disability Retirement case, whether under FERS or CSRS, filed through the U.S. Office of Personnel Management, the issue of a “preexisting medical condition” is rarely of any relevance, either on the issue of “when” or certainly not on the “how” or “where”.  OPM will often attempt to make an argument on the basis that one’s medical condition “preexisted” one’s inception date of Federal employment, but presumably the Federal or Postal employee who may have suffered from the condition was able to adequately perform the essential elements of one’s job anyway, but at some point the preexisting medical condition came to a point of progressive deterioration such that it began to impact one’s ability to perform one’s job — in which case it matters not anyway.

In a Federal Disability Retirement application, one should never be fearful of divulging the history of one’s medical condition; rather, it is the here and now which is of relevance: How the medical condition impacts one’s ability to perform the essential elements here in one’s present job, and how it now impacts such job performance.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Causation Irrelevancy

Causation and the issue of causality involves the occurrence of X as a result of an action Y.  There are direct causes, intermediate causes, interceding causes, etc., which concern whether or not an immediate linkage can be established between the action Y and the effect X.

Thus, if the white billiard ball strikes the Number 7 ball, and the latter moves forward, we say that X (the white ball) caused Y (the Number 7 ball) to move.  On the other hand, if the rooster makes its traditional cry at 7 a.m. as the sun is rising, and does so only when the sun rises, we may informally say, in an imperfect sense of causation, that “because” the sun rose, the rooster crowed.  We rarely ascribe a direct cause between X and Y, however.

For OWCP/Department of Labor cases, causation is a relevant and significant aspect of proving a case — for, in a FECA case, one must prove, as one of the elements of eligibility, the fact that the injury was “caused” by the job, while on the job, while related to the job, etc.  A significant amount of time is thus expended in proving the issue of causality in a Department of Labor, Office of Workers’ Compensation claim.

For FERS & CSRS Disability Retirement cases, however, under the auspices of the U.S. Office of Personnel Management, causation is not an issue.  A Federal or Postal Worker can be injured while on vacation; he or she can have the injury while at work, and concurrently (or sequentially) file for OWCP benefits and OPM Disability Retirement benefits; or the injury or medical condition can simply “occur” during his or her tenure with the Federal government.

In any and all events, it is essentially an irrelevancy.  The issue is not “how” it occurred; rather, the point is to show that, once occurred, in what manner does it impact one’s ability to perform the essential elements of one’s job.

While causation in a FERS or CSRS Disability Retirement application may be of some historical interest, it should not be a central focus of any applicant’s statement of disability.  To do so would be to make a peripheral issue a central one, and conversely, to allow for the central issue to become less focused.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: History, Causal Connection, Exacerbation & Pre-existing Conditions

In OWCP/Department of Labor cases, there are important elements to prove in order to obtain FECA benefits — i.e., the history of the event (the “how” it happened); causality (the where and when it happened, in order to establish workplace connection); whether the injury involved an exacerbation of a prior injury; and whether any prior injury entailed a pre-existing condition.  

Any or all of the previously-listed elements can have an impact in a Department of Labor, Federal Worker’s Compensation Claim.  

In a Federal Disability Retirement claim through the U.S. Office of Personnel Management, however, none of the elements identified heretofore have a direct relevance upon a Federal or Postal employee’s eligibility for Federal Disability Retirement benefits.  

There can be, however, some indirect issues.  Thus:  History of one’s medical condition is normally only collaterally relevant; causality is rarely of any significance, precisely because there is no requirement that the medical condition was caused by or in connection with one’s work — except to the extent that one must show that one became unable to perform one or more of the essential elements of one’s job while a Federal or Postal employee; exacerbation may have some relative importance, if only because if one has been able to perform the essential elements of one’s job while suffering from a medical condition, you might be required to show why you cannot do the job “now” as opposed to those years of having performed the job previously.  And, finally, the pre-existence of a medical condition — pre-existing one’s Federal employment — would only become an issue if one were to be able to perform the job, and there comes a point when the medical condition worsens; but that is merely a matter of showing the deteriorating impact of one’s medical condition.  

Ultimately, the point is that FERS & CSRS Disability Retirement is conceptually and practically different from OWCP cases, and the potential Disability Retirement applicant should not confuse the two.  To do so would be to defeat the capacity and ability to wisely choose.  

Alternatives exist if, and only if, one is aware of the choices to be made.  Wisdom comes about when one becomes aware of differences between two or more choices.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Historical Relevance

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must thoughtfully complete Standard Form 3112A — the “Applicant’s Statement of Disability“.

The questions asked on the form do not request, nor do they require, historical context — i.e., of “how” a medical condition or injury occurred, “when” it occurred (although it does ask the approximate date of the onset of disability, which is somewhat distinct from asking the question in the context of historical background; rather, it merely asks for a month and a year), or “what” happened.

History is a contextual aura, a conceptual construct which we carry with us wherever we are; of having an identity based upon one’s background, a sense of who we are, where we came from, and thereby providing a foundation of an understanding of why we are who we are in the present day.  The historicity of an individual, a culture, a society and a civilization is important in understanding the context as to the behavior, motivation, and teleological actions engaged in by an individual, a group, or a nation.

Thus, the old adage that those who fail to study history, are condemned to repeat the mistakes of the past.  But in the context of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, one must always keep in mind that brevity, streamlining and respect for the limited time, attention-span and workload of the OPM Representative in reviewing a particular case, is important.  To that end, historical background should be guided by the standard of direct relevance to the essence of one’s case.

Reading about history is important; understanding history can be informative; listening to one’s personal history should be left mostly to the quietude of a family gathering, when grandpa has the time to retell ancient stories of those past glory days.

Sincerely,

Robert R. McGill, Esquire

USPS and Federal Disability Claims: Medical Conditions which Predate Federal or Postal Employment

Often, there is a concern about medical conditions which one suffers from, which “predate” employment in the Federal Sector, or with the U.S. Postal Service.  Such conditions are often identified as “preexisting medical conditions” — meaning, thereby, that they exist prior to an event.

In the context of OWCP (Federal Worker’s Compensation), under the aegis of the Department of Labor, such an issue normally involves the assertion and allegation (by the Department of Labor, Office of Worker’s Compensation Programs) that a Medical Condition-X already existed prior to Event-Y — the latter normally constituting the “on-the-job” accident or occurrence, or an occupational disease, etc.  Because causation — the “what caused the injury” issue — is important in OWCP/DOL cases, the concern of preexisting conditions is normally a point of contention between the Federal worker and the Federal Government/Department of Labor.

However, in OPM Disability Retirement cases, because causation is not an “issue” of concern (the “how” or “where” it happened is not a relevant legal criteria of proof), it rarely becomes a point of conflict between the Office of Personnel Management and the Federal or Postal employee.

It can become of interest, however, for the Office of Personnel Management, in a Federal Disability Retirement application, if a Federal or Postal worker has been hired and working in a particular job, with a specific medical condition for many years, successfully, but then files for Federal Disability Retirement benefits.  The reason it may become of some interest, however, is not as to the “causation” issue (of the “how” or “where” it happened), but rather, to the question:  Why is it that the Federal or Postal employee who has had a Medical Condition-X all of these years can now claim not to be able to perform Essential Elements Y & Z now?

That is the point where a medical condition existing prior to one’s Federal or Postal employment may be of some interest to the U.S. Office of Personnel Management.  It is, however, easily addressed; it just needs to be discussed in the right way.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Is the Concept of “Preexisting Condition” Ever an Issue?

Sometimes, the Office of Personnel Management will refer to a medical condition which “preexisted” — and it is often confusing as to what they are referring to.  The term “preexisting medical condition” must necessarily imply the question, “Preexisting to what”?  

For health insurance coverage, the issue is obviously one of a medical condition which existed prior to the start of medical coverage, and thus the question becomes whether or not the insurance company has an obligation to pay for medical bills incurred for treatment which existed and began prior to the terms of the policy.  

For purposes of Federal Disability Retirement, however, the question of a preexisting medical condition often encapsulates an admixture of multiple issues, based upon confusing a variety of concepts.  In a denial issued by the Office of Personnel Management, some cases will be denied based upon the assertion that a particular medical condition upon which a Federal Disability Retirement application is based, preexisted the time of Federal Service, and the Federal or Postal employee — despite the existence of the medical condition — was able to perform the essential elements of the duties of the Federal or Postal position.

Thus, a person with a confirmed Veteran’s Administration rating enters into the Federal government and is able to perform the job duties as required (for example).  Such an argument (or lack thereof) by the Office of Personnel Management is thus mixing a couple of issues, and conceptually identifying it as “preexisting condition”:  that the Federal or Postal employee has a medical condition which was identified prior to entering the Federal Service; that he or she was able to successfully perform the essential elements of the job; that the same medical condition is now the basis (or at least one of them) for a Federal Disability Retirement application.  But the issue is not really one of “preexisting condition” — for, whether the medical condition existed prior to or during one’s Federal Service is really an irrelevant issue — but rather, whether or not the medical condition as such became worse such that it now prevents a Federal or Postal employee to perform one or more of the essential elements of one’s job.  

Sometimes, people get the notion that by utilizing certain language, shouting certain sophisticated-sounding catch-phrases, or referring to concepts which seem intelligible, that it actually “means” something.  The concept of “preexisting conditions” is without meaning in a Federal Disability Retirement application, precisely because the law is neutral concerning that issue.  It may sound serious, but this is not OWCP or some other legal forum which applies a criteria regarding “preexisting conditions”.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The OWCP Intersection

Federal Disability Retirement benefits under FERS or CSRS is oblivious and unconcerned with whether or not a particular medical condition occurred “on-the-job” or not.  Rather, the focus is upon (A) the existence of a medical condition along with the symptomatologies and their manifestations, and (B) the impact of the medical condition(s) upon one’s ability/inability to perform all of the essential elements of one’s job.  

Thus, “causality” in all of its forms is an irrelevant issue — whether “how it happened”, “where it happened”, “what happened”, etc.  Causation is a legal/medical issue which may be interesting, and is certainly one which the Office of Worker’s Compensation Programs inquires about, but it is a “non-starter” for purposes of Federal Disability Retirement benefits under FERS or CSRS.  

As such, when a Federal or Postal employee who has been injured on the job, or who has incurred a medical condition from a worksite because of inherently hazardous medical triggers reasonably related to the particular occupation of an individual, an inordinate amount of focus is often paid as to the “causality” of a medical condition.  While this may be of historical interest — both to a doctor as well as to FECA/OWCP — it is an issue which should play a lesser role of importance in a Federal Disability Retirement application.  

For eligibility in filing a Federal Disability Retirement application under FERS or CSRS, where something happened, what happened, or when it happened, is far less important than how much of an impact a medical condition has, and for how long, upon one’s ability/inability to perform the essential elements of one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for U.S. Federal Government Employees: Context, Sequence & Connections

Often, a potential applicant for Federal Disability Retirement will insist that the origin of the medical condition or injury is important to annotate, for one reason or another.  Unlike OWCP issues, origin and causation is usually of little or no significance in a Federal Disability Retirement application, whether under FERS or CSRS.  Thus, for OWCP Disability, it may be of importance to show that X injury was caused by occupational hazard Y; or that, while on the job on a certain date, the applicant slipped and fell, etc.  In proving OWCP Disability, such “incident-specific” facts are important in establishing causation, in order to determine eligibility and entitlement to OWCP Disability benefits.

For purposes of OPM Disability, however, the Federal or Postal worker who is seeking Federal Disability Retirement benefits from the Office of Personnel Management, does not have to establish such incident-specific facts.  Rather, the focus shifts upon the medical condition, the symptoms, and the impact upon those medical medical conditions and symptoms upon one’s inability to perform one or more of the essential elements of one’s job, within the last year.  While it may be that some factual context is significant by way of showing a sequence of events from the past, in order to show how the medical condition worsened over time, OPM normally does not care about such historical facts.  While the history of X is interesting, what occurs in the recent-to-present timeframe is what interests OPM.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Collateral Disability Determinations

The key to effectively using collateral sources of disability determinations in a Federal Disability Retirement application under FERS or CSRS is to tailor its relevance in each individual circumstance.  Thus, for example, because the focus upon percentages of disability, or the issue of causal connection to the workplace, is a focal point of importance in an OWCP/Department of Labor case, but not in cases of Federal Disability Retirement under FERS or CSRS, such issues should be left alone.  However, the fact that there may be an “independent medical examination” by a Second-Opinion doctor, or a referee doctor in a Worker’s Comp case, can be used to one’s advantage.  

Often, a person who has been under the agonizing scrutiny and torture of the Worker’s Comp process will miss the point, and complain that the OWCP-appointed doctor “didn’t even exam me for 2 minutes”, or “didn’t listen to a thing I said,” but all the while missing the key ingredients in the doctor’s report:  (1) that the doctor can be effectively characterized as “independent” — not from an OWCP standpoint, but certainly from a FERS or CSRS Disability Retirement standpoint, because that particular doctor has no self-interest from OPM’s viewpoint, and (2) if the doctor’s opinion is that, while the causal connection (for example) may not have been established, does he nevertheless express an opinion that the Federal or Postal employee is unable to return to perform the essential functions of his or her job?  Often, the emotional uproar in an OWCP case, or in other similar cases (SSDI & Veteran’s Department disability determinations) causes the Federal or Postal employee to miss the primary point of the process:  to use the tools effectively in getting a Federal Disability Retirement application under FERS or CSRS approved.

Sincerely,

Robert R. McGill, Esquire