Postal and Federal Disability Retirement: Medical & Legal Issues

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, sometimes there is an inevitable intersection between the Medical Issues involving the patient and doctor, and the Legal Issue embracing the Client-Lawyer-Doctor.  

Often, in terms of filing for FMLA protection, or taking too much sick leave, being placed on leave-restriction by the Agency, etc., or in the very question as to whether it will reflect negatively upon a Federal Disability Retirement application if one continues to work without taking any sick leave — these “mixed questions” will intersect between the medical and legal arenas.  

The conceptual distinction and bifurcation of the two issues is important to maintain.  First and foremost, one’s medical condition should always be considered as the primacy of concern.  Obtaining the proper medical care and taking care of one’s health and medical needs should be absolute and inviolate.  The secondary question of how it will reflect upon a Federal Disability Retirement application, inasmuch as it is a “paper presentation” to the Office of Personnel Management, should be an afterthought.  For, after all, the whole purpose of filing for Federal Disability Retirement benefits is to take care of the primary consideration — that of one’s health and medical needs.  If one takes care of “first things first”, then the “second” things will naturally fall into place.  

Now, having said that, how an Agency attempts to characterize a Federal or Postal employee’s attempt to attend to one’s medical conditions can of course sometimes impact a Federal Disability Retirement application, and should be responded to aggressively and in a timely manner.  But the substance of any such response, if it is based upon the medical condition, will always “correct” any such agency mis-statement.  

Integrity in a situation always prevails, and that is the whole purpose of having Federal Disability Retirement benefits and the laws which govern such benefits, in order for the Federal or Postal employee to attend to one’s medical conditions first, and then to “move on” in life.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Agency Independence

Each agency is tooled with a statutory mandate as to its mission and purpose, and from the origination of the statutory mandate, Federal Regulations and policies are formulated.  The independence of each agency within the Federal Government results in the anomaly of a patchwork of Federal Agencies, few of which are coordinated in their efforts or purposes.  

Conceptually, this is thought to be a good idea — precisely because by preserving the independence of each agency, it can singularly focus upon the mandated purpose and goal — and better accomplish its “mission”.  But the flip-side to the positive consequences of such conceptual formulation is that there is often an overlap between missions, and where the logical result of one action should almost automatically (logically) result in another, such is not the case because of the wall of separation between agencies, preserving their independence from each other.  

In Federal Disability Retirement issues, one would think that where a stricter standard of eligibility is imposed in one agency (e.g., the Social Security Administration for disability determinations), an approval based upon that stricter standard should automatically result in an approval by the Office of Personnel Management for purposes of evaluating and deciding upon a Federal Disability Retirement application under FERS or CSRS.  

Such is not the case, however.  

Hypothetically, it is possible to conceptualize a case where a Federal or Postal employee is deemed “totally disabled” by a doctor, but still be able to perform all of the essential elements of one’s Federal or Postal job.  Conversely, it is possible to think of a case where an individual is no longer able to perform one or more of the essential elements of one’s job (FERS or CSRS Disability Retirement) and yet not be considered “totally disabled” (SSDI).  The latter, of course, happens all the time; the former continues to occur — although, to actually come up with a true case involves mental gymnastics which exists only in the world of myths and language-games.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Passionate Doctor

The doctor who is most supportive of an OPM Disability Retirement application under FERS or CSRS is often the one who understands the “fine print” of what it means to be “disabled” under FERS or CSRS.  That is precisely why the Standard Form 3112C (Physician’s Statement) is often a harmful form, rather than a helpful form.

There are other reasons why the form should never be signed or submitted, but it is enough that it not only tends to confuse the physician, but also does not properly explain to the treating physician the criteria and the underlying meaning of what is necessary to qualify for OPM Disability Retirement benefits.

Generally speaking, doctors are not very passionate about turning in their patients over to the gristmill of the disabled, thinking that putting a person out to pasture is not only medically unnecessary, but ultimately detrimental to the psychological and physical well-being of a patient.

But when it is properly explained to the doctor, in easy and understandable terms, what and why the benefit of Federal Disability Retirement under FERS and CSRS exists, and to inform the doctor of the benefit to the patient, then it is quite possible to have not only the technical support of the doctor, but more importantly, to garner the passionate support of the doctor as well.

Sincerely,

Robert R. McGill, Esquire