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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
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    • Federal Disability Judge-Made Decisions Quoted (35)
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    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
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Federal & Postal Service Disability Retirement: Personal v. Objective

Posted on October 27, 2009 by Federal Disability Retirement Attorney

Filing for Federal Disability Retirement benefits is a personal matter.  It is personal precisely because it is considered as an admission of a disability; it goes to the heart of what a person does in life — one’s livelihood, one’s means of support; and it goes to the perception in our society of the “worth” of an individual — financial worth, productive worth, worth in terms of the ability to support a family, and worth in terms of one’s contribution to society.  Because it is so personal, it is difficult to “objectively” assess and evaluate a disability retirement claim, by the individual who is thinking about filing for such a benefit. 

That is often why it is important to have an attorney represent an individual who is considering filing for Federal Disability Retirement benefits.  Often, when I am hired at the second or third Stage of the process, I read the initial submissions of the client, and find that the “personal” has indeed overtaken the “objective”, precisely because the very subject of the disability retirement process — the applicant — had to undertake the very personal process himself/herself.  Such personal subjectivity cannot see beyond the very personal nature of the medical condition, and when that happens, it is almost too personal for the OPM representative to make an objective assessment of the case.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Actors - The Applicant, OPM Disability Actors - The Attorney, OPM Disability Process - 1st Stage: OPM Disability Application, The Job of a Federal Disability Attorney | Tagged: a rational approach to opm disability retirement, an emotional vs. reasoned personal account of disability, an objective evaluation of your opm disability claim, attorney federal disability, blogs owcp and opm disability issues, civil service disability retirement, CSRS disability retirement federal attorney, describing a medical tragedy without too much emotionalism, disability retirement in the post office, emotional comments won't always help to get opm application approved, federal civil service disability, federal employee and its acceptance of being disabled, federal employee disability, federal employee disability benefits, federal employee medical retirement, FERS disability retirement, FERS medical retirement, fighting feelings of worthlessness during the opm disability application, filing for usps disability, focusing on medical substantive issues not emotional problems, getting rid of emotional baggage during fers disability application, helping the opm disability specialist to evaluate your claim objectively, helping the opm representative to assess your disability claim, how to get approved for federal employee disability benefits, keeping emotions under control will help an opm disability applicant, keeping your tone cool and rational during application, Maintaining an Objective Perspective in a Disability Case, making rational arguments along with sound medical evidence, no work available for injured postal workers, not getting too personal during the applicant's statement of disability, nrp and defending injured postal workers, OPM disability retirement, OPM objective methodology, owcp disability retirement really is usually meant "opm disability retirement", postal service disability retirement, presenting a personal disability matter objectively, problems with personal disability retirement statements in opm application, rational perspective into the fed workers' medical condition, story of human tragedy, taking lwop for owcp medical condition, the fine balance between rational and emotional factors, the human side of a disability story, top federal disability retirement attorney, us post office disability attorney, usps rehab employees, value of a human being not defined by disabilities, when personal emotions overtake rational thoughts during application process, when the opm applicant can't handle the disability paperwork, why it can be difficult for the opm disability applicant to prove his claim | Leave a comment »

  • More on FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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