Federal Disability Retirement Benefits for Federal & Postal Employees: The Doctor and the FCE

For whatever reason, the treating doctor — unless he or she is a specialist (i.e., an Orthopaedic Surgeon, a Rheumatologist, a Pain Management Specialist, etc.) — is often uncomfortable and feels a sense of inadequacy in making a determination as to whether a Federal or Postal employee is unable to perform one or more of the essential elements of his or her job.

Under such circumstances, it may be fruitful for physical medical conditions, to undergo a Functional Capacity Evaluation (an “FCE”).  An FCE provides — in addition to “objective” diagnostic test results — an independent basis upon which to rely upon, in formulating a medical opinion.  The FCE provides, for the treating doctor, a “test” upon which the doctor can formulate an opinion, based upon reasonable medical certainty, as to the physical limits, endurance, and capabilities of an individual.

Further, the Office of Personnel Management is often impressed with an FCE.  Ultimately, the medical opinion of the treating doctor, based upon a long history of clinical examinations, diagnoses based upon generally accepted criteria within the medical profession, diagnostic testing, and an attempt at reasonable treatment modalities:  all together, comprise a valid basis for formulating and rendering a medical opinion in a Federal Disability Retirement case.

Nevertheless, if an FCE makes the treating doctor that much more comfortable in coming to a medical opinion, then by all means, go through with the FCE.  It can only make your OPM disability case stronger.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Arming the Doctor after Disarming

It is one thing to provide an explanation of the process of filing for Federal Disability Retirement benefits under FERS or CSRS to the treating doctor; that is simply not enough.  Providing an explanation “disarms” the health professional.  While such explanation and helping the doctor to understand the process is certainly helpful, ultimately the treating doctor needs more than information; he or she needs guidance in order to “arm” one’s self with the tools necessary to help the patient. 

Fortunately, most doctors are professional, compassionate, and eager to help.  Writing medical reports are an administrative aspect of the practice of medicine which is not only a headache, but takes the doctor away from the valuable and limited time for actually treating the patient.  It is therefore important for the Federal or Postal employee who is applying for Federal Disability Retirement benefits under FERS or CSRS to “arm” the doctor with the necessary tools needed in order to successfully prepare, formulate and construct a sufficient and effective narrative report in order to “pass muster” with the Office of Personnel Management.  The first and primary rule in helping to prepare the doctor is to always protect and maintain the integrity of the doctor.  Truth in every endeavor, and especially in filing for Federal Disability Retirement benefits under FERS or CSRS, should be the ultimate guiding light.  How that truth is stated, however, is where the guidance, tooling and “arming” comes into play.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The “Cover” of an FCE

Most doctors are unfamiliar with the process of obtaining Federal Disability Retirement under FERS or CSRS, but are more often than not familiar with the process, procedures, and correlative headaches associated with Worker’s Comp benefits.  Because of this greater familiarity, there is often an underlying suspicion that comes along with it — that rendering any medical opinion must be accompanied by some underlying justification and “objective” methodology of supporting the medical opinion.  And this is understandable. 

In this day and age of malpractice lawsuits, of questioning every test, procedure and opinion, it is rare that a medical doctor is comfortable and secure in rendering a medical opinion about one’s ability or inability to perform one or more of the essential elements of one’s job, based solely or primarily upon clinical examinations and reviewing of diagnostic results. 

Enter the FCE — the “Functional Capacity Evaluation”.  The FCE provides “cover” for a doctor’s medical opinion, because the doctor can point to an apparently “objective” evaluation — a third party rendering a number of physical tests, exertional exercises, physical capacity movements, etc., which serve to provide a framework from which a doctor can render an “objective ” opinion. 

Why it is accepted that pointing to someone else’s evaluation — as opposed to relying upon one’s own clinical examinations, reviewing one’s history, reviewing diagnostic test results, etc. — is any more valid, is a great mystery.  But if it makes the doctor feel more comfortable, then a person considering filing for Federal Disability Retirement benefits under FERS or CSRS should go ahead and agree to submit to an FCE, if that is what it takes to get the doctor on board.

Sincerely,

Robert R. McGill, Esquire