• Home
  • About Me
  • Contact Us
  • Copyright
  • Credentials

OPM Disability Retirement

Entries RSS | Comments RSS
  • Pages

    • About Me
    • Contact Us
    • Copyright
    • Credentials
  • Categories

    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (43)
    • Burden of Proof (30)
    • Clarifications of Laws or Rules (160)
    • CSRS Disability (1)
    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (17)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (64)
    • Federal Disability Judge-Made Decisions Quoted (35)
    • FERS Disability (10)
    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
    • Life after Federal Disability Retirement (21)
    • LWOP and Sick Leave in OPM Disability (12)
    • Mental/Nervous Condition (48)
    • Miscellaneous (179)
    • OPM Disability & OWCP Workers Comp Filings (44)
    • OPM Disability & SSA Social Security Disability Benefits (39)
    • OPM Disability & VA Benefits (4)
    • OPM Disability Actors (286)
      • OPM Disability Actors – The Agency (54)
      • OPM Disability Actors – The Applicant (77)
      • OPM Disability Actors – The Attorney (55)
      • OPM Disability Actors – The Doctor (53)
      • OPM Disability Actors – The Human Resources Office (17)
      • OPM Disability Actors – The MSPB Administrative Judge (6)
      • OPM Disability Actors – The OPM Representatives (31)
      • OPM Disability Actors – The Others (9)
      • OPM Disability Actors – The Supervisor (13)
    • OPM Disability Administrative Law (Statutory and Non-Statutory Law) (13)
    • OPM Disability and a Hostile Working Environment (11)
    • OPM Disability Application (185)
      • OPM Disability Application – SF 3112 Disability Retirement Application Package (28)
      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
      • OPM Disability Application – SF 3112B Supervisor’s Statement for CSRS and FERS (9)
      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
    • OPM Disability Process (158)
      • OPM Disability Process – 1st Stage: OPM Disability Application (35)
      • OPM Disability Process – 2nd Stage: OPM Reconsideration Stage (28)
      • OPM Disability Process – 3rd Stage: MSPB Stage (17)
      • OPM Disability Process – 4th Stage: Petition for Full Review at the MSPB (4)
      • OPM Disability Process – 5th Stage: Federal Circuit Court of Appeals (2)
    • OPM Disability Retirement & EEOC Complaints (4)
    • OPM Medical Questionnaire (8)
    • Post-Application Issues (18)
    • Pre-Application Considerations (425)
    • Professional & Expert Witnesses (5)
    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (1,706)
    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (34)
    • SF 3112 Forms (10)
    • Specific Medical Conditions (28)
    • The Job of a Federal Disability Attorney (79)
    • Theory and Practice: Tips and Strategies for a Successful Application (202)
    • U.S. Merit Systems Protection Board (MSPB) (21)
    • U.S. Office of Personnel Management (OPM) (76)
    • U.S. Postal Service (USPS) Disability Retirement (36)
    • Uncategorized (377)
    • When the OPM Application Is Approved (13)
    • When the OPM Application Is Denied (88)
  • Past Blogs

  • Top Posts

    • OPM Disability Retirement under FERS: Perfection in an Imperfect World
    • FERS/SSDI Offsets: Major Precedent-setting Case
    • About Me
    • Medical Retirement Benefits for US Government Employees: The Spiraling Life
    • FERS/CSRS Disability Retirement Compared To OWCP
    • Federal Disability Retirement: The Squirrel Catcher
    • Federal Employee Medical Retirement: The Knowledge of Others
    • FERS Disability Retirement from OPM: The Other Person
    • FERS Disability Retirement for Civilian Federal Employees: The Chance of Success
    • Federal Disability Retirement Lawyer blog: Meeting the Legal Criteria

CSRS & FERS Disability Retirement: The Doctor & the Applicant

Posted on July 14, 2009 by Federal Disability Retirement Attorney

Before a client hires an attorney to obtain Federal Disability Retirement Benefits under FERS or CSRS, it is important that he or she has an initial commitment from the treating doctor, that a medical narrative report discussing and addressing the specific issues surrounding Federal disability retirement will be prepared. While medical reports are always helpful, and sometimes a disability retirement application can be successfully prepared, submitted and approved with the supporting documentation being comprised entirely from treatment and diagnostic records, such an application can only be compiled with the assistance of an experienced attorney.

The properly prepared medical narrative is crucial to the success of a Federal disability retirement application, generally speaking. Further, the compendium of case-laws issued by the Merit Systems Protection Board over the past decade (and longer) clearly reveal that greater weight will be given to a medical disability retirement narrative prepared by a treating doctor of long-standing tenure having a doctor/patient relationship, as opposed to a single-examination doctor for purposes of disability determination. The key? Form that bond with the treating doctor — such that the treating doctor is truly your “treating physician”.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM | Tagged: advising your treating doctor about your opm disability application, california federal disability retirement, disabling diagnosis information on narrative report, duty status report, explaining conditions that warrant a civil service disability, federal disability retirement is not total disability, federal disability retirement law firm, FERS disability retirement, fers disability retirement law firm, forming a bond with your treating physician, how to approach your doctor for help, independent and occupational medicine for federal employees, Medical Documentation for OPM Disability Retirement, medical evaluation from primary treating physician, medical narrative for federal disability claims, medical narrative reports that support a federal employee's claim, medical report from treating physicians for fers disability claim, Merit Systems Protection Board, obtaining cooperation from family doctor, occupational disease or illness in federal installations, occupational medicine report and the federal employee, offer of modified assignment (limited duty) ps form 2499x, OPM Disability and the Ideal Doctor and Patient Relationship, opm disability as part of the rehabilitation and healing process, opm disability forms, OPM disability retirement, opm disability versus workers comp, opm medical disability, owcp disability retirement really is usually meant "opm disability retirement", OWCP Termination of Benefits, patient-doctor bond improves chances for fers medical retirement, post office light duty, postal disability retirement is not full disability, postal service disability retirement, postal service employee injury compensation claim, postal service workers compensation claims, postal workers with personal injuries, regulatory requirements of a fers disability medical report, securing commitment from your treating doctor, SF 3112C Physician's Statement, single examination and second opinion doctors, the advantage of a doctor of long-standing tenure, The Doctor's Medical Narrative, the role of the injured federal employee treating doctor, the success of a federal disability retirement application, using a medical narrative in lieu of sf 3112c, usps request or notification of absence, when the federal job is not longer a good fit for federal employee, why your doctor's support is critical to your opm disability claim, writing a narrative report for federal employee patients | Leave a comment »

Federal Disability Retirement: SSA Approval, Part III

Posted on July 29, 2008 by Federal Disability Retirement Attorney

What if an SSA decision letter is not immediately forthcoming, or does not address the same medical conditions as that applied for in one’s disability retirement application? In such a circumstance, the best argument that can be put forth is to show the Office of Personnel Management that the application submitted to the Social Security Administration is essentially identical with the application for Federal Disability Retirement benefits submitted with OPM; then, to make the argument by analogy that where two applications are essentially identical, and where the higher standard of eligibility required (“total disability” — per SSA) has resulted in an approval, then the law must mandate that a lower standard of eligibility required (disability from being able to perform one or more of the essential elements of one’s particular job — FERS & CSRS) be by analogy and by logical consistency, result in an approval.

In submitting this argument, it is often helpful to submit a copy of the application/questionnaire filled out for SSA, and point out the identical nature of the medical conditions claimed, along with proof of approval by SSA.  Finally, it is important to refer to particular case-law citations to reinforce such arguments — but, alas, as to this latter point, it is best to obtain the services of an attorney who is experienced in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM, OPM Disability & SSA Social Security Disability Benefits | Tagged: argument by analogy, case law citation in federal disabilities cases, disability retirement benefits for air traffic controllers, examining the basis for approval of a ssa disability claim, federal disability attorney, federal disability retirement, federal government disability, federal workers comp lawyer, fers disability and social security disability insurance ssdi, FERS medical retirement, getting OPM disability benefits, idaho opm federal disability retirement, if the ssa's decision address the same medical condition, if you can use social security disability in your opm disability claim, injured postal worker, lawyer role in federal disability cases, legal & foundational argument, medical benefits for cftc employees, medical condition(s), medical evidence, medical evidence submitted to the opm for disability purposes, nationwide representation of federal employees, opm case-law decisions, OPM disability application tips and strategies, opm disability case-law rule about social security disability, OPM medical retirement, OPM's methodology, Post Office disability, postal and social security disability, postal service employee injury compensation claim, pragmatic methodology, precedent and analogy in opm law legal reasoning, Social Security and OPM disability relationship, statutory requirements in OPM disability law, the applicant's methodology, the opm must consider a ssa's decision if submitted, the ssa decision letter as an evidence of disability under fers csrs, us postal service disability retirement, usps disability benefits, when to use a SSA disability decision, when two disability applications are essentially identical | Leave a comment »

  • More on CSRS & 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.
  • Calendar

    January 2021
    S M T W T F S
     12
    3456789
    10111213141516
    17181920212223
    24252627282930
    31  
    « Dec    
  • Archives

    • January 2021 (20)
    • December 2020 (28)
    • November 2020 (26)
    • October 2020 (27)
    • September 2020 (26)
    • August 2020 (26)
    • July 2020 (28)
    • June 2020 (26)
    • May 2020 (26)
    • April 2020 (26)
    • March 2020 (26)
    • February 2020 (25)
    • January 2020 (27)
    • December 2019 (28)
    • November 2019 (27)
    • October 2019 (27)
    • September 2019 (25)
    • August 2019 (27)
    • July 2019 (28)
    • June 2019 (23)
    • May 2019 (27)
    • April 2019 (26)
    • March 2019 (26)
    • February 2019 (24)
    • January 2019 (28)
    • December 2018 (27)
    • November 2018 (27)
    • October 2018 (27)
    • September 2018 (25)
    • August 2018 (27)
    • July 2018 (27)
    • June 2018 (26)
    • May 2018 (27)
    • April 2018 (22)
    • March 2018 (26)
    • February 2018 (24)
    • January 2018 (27)
    • December 2017 (26)
    • November 2017 (27)
    • October 2017 (26)
    • September 2017 (26)
    • August 2017 (27)
    • July 2017 (26)
    • June 2017 (26)
    • May 2017 (28)
    • April 2017 (25)
    • March 2017 (27)
    • February 2017 (24)
    • January 2017 (26)
    • December 2016 (29)
    • November 2016 (26)
    • October 2016 (26)
    • September 2016 (26)
    • August 2016 (27)
    • July 2016 (26)
    • June 2016 (26)
    • May 2016 (28)
    • April 2016 (26)
    • March 2016 (27)
    • February 2016 (25)
    • January 2016 (26)
    • December 2015 (25)
    • November 2015 (24)
    • October 2015 (27)
    • September 2015 (25)
    • August 2015 (26)
    • July 2015 (28)
    • June 2015 (26)
    • May 2015 (25)
    • April 2015 (25)
    • March 2015 (26)
    • February 2015 (22)
    • January 2015 (26)
    • December 2014 (27)
    • November 2014 (22)
    • October 2014 (26)
    • September 2014 (26)
    • August 2014 (26)
    • July 2014 (27)
    • June 2014 (25)
    • May 2014 (26)
    • April 2014 (26)
    • March 2014 (26)
    • February 2014 (24)
    • January 2014 (27)
    • December 2013 (25)
    • November 2013 (25)
    • October 2013 (26)
    • September 2013 (26)
    • August 2013 (27)
    • July 2013 (27)
    • June 2013 (25)
    • May 2013 (27)
    • April 2013 (26)
    • March 2013 (26)
    • February 2013 (24)
    • January 2013 (26)
    • December 2012 (26)
    • November 2012 (25)
    • October 2012 (26)
    • September 2012 (23)
    • August 2012 (27)
    • July 2012 (22)
    • June 2012 (26)
    • May 2012 (24)
    • April 2012 (25)
    • March 2012 (25)
    • February 2012 (25)
    • January 2012 (25)
    • December 2011 (26)
    • November 2011 (24)
    • October 2011 (26)
    • September 2011 (25)
    • August 2011 (27)
    • July 2011 (25)
    • June 2011 (26)
    • May 2011 (25)
    • April 2011 (25)
    • March 2011 (27)
    • February 2011 (22)
    • January 2011 (23)
    • December 2010 (25)
    • November 2010 (23)
    • October 2010 (25)
    • September 2010 (24)
    • August 2010 (25)
    • July 2010 (28)
    • June 2010 (26)
    • May 2010 (29)
    • April 2010 (30)
    • March 2010 (26)
    • February 2010 (22)
    • January 2010 (23)
    • December 2009 (20)
    • November 2009 (19)
    • October 2009 (22)
    • September 2009 (18)
    • August 2009 (18)
    • July 2009 (23)
    • June 2009 (18)
    • May 2009 (11)
    • April 2009 (11)
    • March 2009 (14)
    • February 2009 (10)
    • January 2009 (10)
    • December 2008 (8)
    • November 2008 (8)
    • October 2008 (6)
    • September 2008 (4)
    • August 2008 (9)
    • July 2008 (8)
    • June 2008 (6)
    • May 2008 (18)
    • April 2008 (20)
    • March 2008 (31)

Blog at WordPress.com. WP Designer.