A declaration of the sheer volume of medical evidence submitted is often an indicator of the basis for which a Federal Disability Retirement application was formulated; for, in the end, if reliance of the successful outcome of a Federal Disability Retirement application is expected based upon the longevity and extent of a medical condition, the chances of an initial approval may be somewhat compromised to begin with.
Volume can never replace content; and from the perspective of the U.S. Office of Personnel Management, there is often an underlying suspicion that receipt of a thousand pages of medical documentation indicates merely that volume of treatment is being substituted for the substantive content of meeting the required legal standards.
Much of medical notation and treatment records merely reflect a particular appointment’s mechanical applications — continuation of previous treatment plan; refill of prescriptions; standard positive or negative responses to particular questions; prospective treatment modalities; and, as supportive evidence attached to a substantive medical report, they can reinforce the satisfaction of the legal criteria of establishing the necessary nexus between one’s medical condition and the inability to perform the essential elements of one’s job. But left as a replacement for the doctor’s explicit statement confirming such a nexus, it remains a hollow voice within an expansive but empty chamber.
One should never mistake the legal distinction between “primary” evidence and “supportive” evidence. The former is meant to establish the nexus between one’s medical condition and the essential elements of one’s job; the latter is submitted to reinforce the former. When one utilizes the former as the substitute for the latter, it is like the self-delusion that just because you are the best player on a pick-up team in your neighborhood, you are ready to enter into the world of professional sports.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement: Differing Perspectives
The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe. In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS.
The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management.
It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management: that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Application - SF 3112 Disability Retirement Application Package, The Job of a Federal Disability Attorney | Tagged: a compelling medical case for federal employee disability retirement, a rational perspective from your disability claim evaluation, accommodation of federal employees, applicant's statement of disability, attorney that helps injured and ill federal workers, creating a strong case to qualify for fers disability benefits, CSRS disability retirement federal attorney, each opm disability stage requires a different approach, early out for disabled postal workers with application, federal disability law and legal argumentation, federal disability lawyer to handle opm disability denial, federal employee disability retirement, federal employee medical retirement, FERS disability retirement, gathering medical documentation for an incapacitated federal employee, getting together different perspectives and making a compelling case, going out on medical disability opm, help for injured or ill federal employees seeking medical retirement, help in collecting medical evidence and putting package together, how to neutralize negative information in your postal disability application, if reassignment is not possible for the light duty federal worker, job reassignment, letter carrier occupational illness, Maintaining an Objective Perspective in a Disability Case, making a compelling federal opm disability case, medical as well as legal factors may determine eligibility in opm retirement, medical condition(s), medical disability lawyers opm, medical incapacitation at the federal agency, neutralizing negative comments and/or information for the disability applicant, occupational illnesses in federal jobs, old adage, OPM disability retirement, opm disability retirement new jersey employees, Post Office disability retirement, postal buyout always available for injured postal workers, Postal Service disability, proof of disability for federal workers, pulling together several perspectives for the fers disability application, putting a federal disability case together, rational perspective into the fed workers' medical condition, top federal disability retirement attorney, USPS disability retirement, when accommodation is not available to the injured federal worker, writing up a legal summary and putting together an opm disability application, your treating doctors | Leave a comment »