Medical Retirement for Federal Workers: Proving with Purposive Intent

Each compensatory program, whether on a Federal, State or Local level, has an underlying basis which finds its inception in an idea, a proposal, then a statute.  The statutory authority of a “program” is the basis of its very existence.  Court opinions will interpret, expand upon, and “explain” the limits and boundaries of the program itself.

As such, each program of compensation contains a “raison d’être” (a reason for its very existence), and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is often a good idea to understand the foundational basis of a compensation program, in order to be able to effectively attack it, comply with it, and ultimately to prove its purposive intent.

Thus, for Social Security Disability, for example, the underlying purposive intent involves a higher standard of “total disability” and how the medical condition impacts one’s daily living activities.  For the Department of Labor, Federal Employees’ Compensation Act (DOL/FECA), the underlying purposive intent involves an injury or medical condition related to the job itself, with a view towards (if at all possible) rehabilitating the Federal or Postal employee such that he or she can return to the position occupied prior to the injury.  For Federal Disability Retirement under FERS or CSRS, it is the “bridge” itself which defines the purposive intent — of the impact between the medical condition and the particular job which one performs.

It is for that very reason — the purposive intent behind a Federal Disability Retirement Statute — that the compensation program allows for the Federal or Postal employee, unlike the other programs, to go out and earn up to 80% of what one’s former position currently pays, in addition to receiving the Federal Disability Retirement annuity.

By understanding, one is able to begin to formulate a strategy of applying and proving a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Differing Legal Criteria

Similar benefits, at the State, Local, Private levels, and at the Federal level, each contain differing legal criteria for eligibility. Thus, for instance, Social Security Disability benefits require one set of standards of eligibility; private disability insurance policies require a different set of standards; and state disability benefits often differ from state to state.  This is of course true of Federal Disability Retirement benefits under FERS and CSRS — where the legal standard of eligibility is different from Social Security, Worker’s Comp, and State or private disability criteria.

Often, a question is asked whether a medical narrative report which is prepared for submission to the Office of Personnel Management can be used for submission for other “similar” benefits.  The short answer is, “It all depends”, but the long answer is that, in most cases, one must be very cautious.  When I represent a Federal or Postal employee under FERS or CSRS, one of the first steps in preparing a viable case is to request of the treating doctors a detailed medical narrative report.  One must understand that the treating doctor has, generally speaking, next to no idea as to the legal criteria that must be met under FERS or CSRS.  Furthermore, the treating doctor has no legal knowledge as to the differences between private disability insurance policies, State, Social Security, OWCP or FERS & CSRS.  It is the job of the Attorney to make sure and guide the treating doctors as to the criteria which must be met as to the particular and specialized field for which the medical narrative is being prepared.  This must be done with care, and with detailed guidance.

Sincerely,

Robert R. McGill, Esquire