Federal Employee Medical Retirement: The Relevant Medical Condition

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, make sure that the medical condition which the Federal or Postal employee is listing, describing and delineating, including the symptoms and impact, etc., is “relevant” to one’s Federal Disability Retirement application under either FERS or CSRS.  

Let me clarify with the following (outlandish) hypothetical:  A Federal employee has the job and positional duty of pushing a button with his right index finger once every 2 hours.  He suffers a horrendous injury to his left shoulder, left arm, left leg and left side of his body. Use of the left side of his body is nowhere described or required in his position description, and the Agency has never requested that he use the left arm, shoulder or leg, or any part of the left side of his body, in performing the essential elements of his job.  He prepares and formulates his Federal Disability Retirement application, describing the extent of his medical limitation of the left side of his body.  Result:  he is denied by the Office of Personnel Management because the relevance of his medical condition has not been established with respect to the essential elements of his job.  

“Relevance” of a medical condition is essential to establish in a Federal Disability Retirement application. Now, had the Federal or Postal worker gone on to describe how the chronic and radiating pain from the left-sided injuries (taking the hypothetical one step further) impacted his ability to use his right index finger, and this was established through the medical opinion of his treating doctor, the case would have had merit and a basis for an appeal, argumentation, etc., would have been established.  

But in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to understand and apply the basic principle in the Federal Disability Retirement case:  It is not just the medical condition which is at issue; it must encompass the relevance of the medical condition to the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Keeping it Simple

In almost all instances, stating the obvious when filing for Federal Disability Retirement benefits under FERS & CSRS is the rule to follow.  Another simple rule to follow:  Keep it Simple.  Except in special circumstances (e.g., where there is a nebulous diagnosis and one must interweave multiple symptmatologies in order to bypass the possibility that you may be later precluded from “adding” a “new” medical condition, etc.), it is best to stick to a paradigm of a 1-to-1 ratio or correspondence of medical conditions, symptoms, impact upon work, etc.  

Such a template can be dangerous to follow, however, because any Applicant’s Statement of one’s disability should never appear mechanical or stilted in its tone and tenor.  Emotionalism should not be stripped from an applicant’s statement of one’s disability in a Federal Disability Retirement application and, indeed, sterility should not be a goal to be sought.  

That goal should be from the treating doctor, where technical medical terms present a sense of diagnostic objectivity and scientific validity.  But such simple rules as presenting the correspondence between specific physical conditions with the physical requirements of one’s job, and similarly, between specific psychiatric symptoms with the cognitive requirements of one’s job, is an important “rule” to follow.  Remember, however, that filing a Federal Disability Retirement application under FERS or CSRS is not a “perfect science”; in fact, it is not a science at all, but a mix between law, personal input, and medical facts, with the creative force of persuasion.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Overlooking an Essential Element

Potential applicants who are considering filing for Federal Disability Retirement benefits under FERS or CSRS will sometimes ask the question, What are the essential elements of one’s job?

Sometimes, the answer to the question is often easy to identify, especially if there are unique and distinct features to a particular type of Federal or Postal job.  Other elements are sometimes so obvious that they are overlooked — such as the fact that one must be able to work full time at a job.

Thus, the fact that a Federal or Postal worker is able to work 4 hours a day, or 6 hours a day, and be able to perform all of the other essential elements of his or her job, does not preclude one from being eligible for Federal Disability Retirement benefits under FERS or CSRS.

Further, if the Agency is being “nice” and “accommodating” by allowing for the remainder of the hours to be covered by sick leave or even LWOP, does not preclude the Federal or Postal employee from filing for, and being eligible for, Federal Disability Retirement benefits under FERS or CSRS.

Being able to work full time in a full time position is an essential element of the job.  Don’t overlook the obvious; the obvious is often the gateway to success.

Sincerely,

Robert R. McGill, Esquire