When Federal and Postal employees call to inquiry about Federal Disability Retirement issues from the Office of Personnel Management, the initial part of the conversation often involves separating the distinction and differences between OPM Disability Retirement and temporary total disability benefits obtained through the Office of Worker’s Compensation Programs, Department of Labor (OWCP/DOL).
The two are distinct, independent, and do not intersect except when it comes to having both benefits approved — in which case the “intersection” between the two is comprised of choosing one benefit over the other, and allowing the other to remain in an inactive status. The fact that each is separate, independent and non-intersecting (for the most part), however, does not mean that documentation from one entity cannot be used to prove or otherwise enhance the provability of the other (yes, the double-negative makes it more difficult to understand — but what it means is that you can use documentation from OWCP sources to help prove your OPM Disability Retirement).
Thus, while there are two separate “language games” (to use a term coined by the 20th Century Philosopher, Ludwig Wittgenstein) involving usage of terms which are somewhat foreign to each other — such as “MMI”, “percentage disability ratings”, whether it is an “on-the-job” injury or not, etc., the fact that OWCP issues embrace a medical condition which impacts one’s ability or inability to perform one or more of the essential elements of one’s job, can certainly be a valuable tool in the arsenal of weapons to be used in proving a Federal Disability Retirement case. On the other hand, discretion is a tactical tool which also needs to be applied…
Robert R. McGill, Esquire
Filed under: OPM Disability & OWCP Workers Comp Filings | Tagged: attorney representing federal workers for disability throughout the united states, blogs owcp and opm disability issues, city carrier workers comp, CSRS disability retirement federal attorney, disability owcp, disability retirement versus owcp compensation, Federal Disability, federal disability retirement, federal workers compensation, FERS disability retirement, fers disability retirement common problem with applicants, intersecting medical issues for disabled federal employees, issues intersecting with federal disability retirement, legal resources of injured federal worker other than workers comp, mail handler workers comp, moving from owcp to federal employee medical retirement, Office of Workers' Compensation Programs (OWCP), OPM disability retirement, opm owcp, owcp and opm's independent criteria of eligibility, OWCP benefits for federal workers, owcp disability retirement, owcp.gov, Post Office disability, Postal disability, postal owcp, qualifications differences between owcp and opm disability, some owcp terminologies simply don't apply to federal disability, understanding differences between workers comp and opm disability, us dept of labor owcp, us postal service owcp, USPS disability retirement, USPS Workers Comp, workers comp and the "work-related" criteria of eligibility, workers compensation lawyer | Leave a comment »