Federal and Postal Disability Retirement: Persuasive Impact

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important not to confuse the difference between that which is central in proving one’s Federal Disability Retirement application, from that which is merely of persuasive import.

In some cases, there may be a necessity, for very pragmatic reasons, to deliberately switch the two; but as a general rule, the argument for persuasive documentation should be used as secondary sources of proof.

Often, the choices are limited for the Federal or Postal employee:  either one continues to work at a job where it is clear that performance, attendance, or capability to continue is steadily and progressively deteriorating; or one can simply quit and walk away from the Federal or Postal job without doing anything (not an advisable option); or, one can file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  That being said, if the Federal or Postal employee takes the third option of Filing for Federal Disability Retirement benefits, then one must necessarily prove one’s case.

In order to prove one’s case, one must have a supportive doctor.

While VA ratings, OWCP Second Opinion doctors’ reports, etc., constitute examples of evidence which may be persuasive, the centrality of one’s case is represented by a narrative report from one’s own treating doctor.  In some cases, when one’s own doctor will not support such a case, one may use the persuasive evidence as the key to proving one’s case, but as a general rule, they should remain as collateral sources of proof.

Remember that “what” is used is important, but sometimes, “how” it is used can be just as important, if not more so.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Discretionary Determinations

Reviewing medical documentation often involves a discretionary determination in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Relevant documentation should be filed as an attachment in support of an OPM Disability Retirement application; sometimes, medical reports, notes and records which are from specialists or referral doctors, contain information which is helpful, irrelevant, or detrimental to an application, and determinations as to whether to file it or not is a matter of discretion.

It is the responsibility of the Federal or Postal employee to prove, by a preponderance of the evidence, that one is entitled and eligible for Federal Disability Retirement benefits under FERS or CSRS.  Meeting the criteria of eligibility is a matter of some latitude; determining what evidence to include involves a certain amount of discretion; in either case, one must affirmatively prove one’s case.

Thus, FMLA paperwork previously completed by the doctor may have addressed a particular issue for a specific timeframe; OWCP forms previously filled out by the doctor may pertain more to a particular time-period or for the issue of causation, etc.  In the totality of the picture of one’s history of medical conditions, one must utilize a discretionary sense of wisdom in determining which medical evidence will be helpful, and which may potentially hinder.  It is never an exact science; but then, science itself is no longer an exacting endeavor.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Quantification v. Symptom Delineation

Different systems and processes require different standards of proof, criteria, and elements of qualifying evidence in order to be eligible and entitled.  Applying for, and getting approved, a Federal Disability Retirement application under either FERS or CSRS, requires that certain legal criteria be met. 

Quantification of a medical condition, although sometimes helpful in further expanding a descriptive narrative of a specific medical condition, is normally rather irrelevant in a Federal Disability Retirement case.  By “quantification” is meant the assigning of a number — of rating a person’s specific medical condition or relative to the “whole body”. 

Thus, in OWCP and VA Claims, there will often be a number assigned — 10% for X medical condition; a “combined” rating of 80%, etc.  One would expect that a high quantification of a medical condition would translate into a more serious appraisal of that medical condition, but various factors need to be considered when attempting to utilize such numbers in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Thus, for instance, a 10% rating upon a person’s foot may seem relatively insignificant when applied to a sedentary job, but for a person who must be on his or her feet all day, with requirements of constant standing, walking, etc., it becomes not only “significant”, but potentially a singularly viable basis for filing a Federal Disability Retirement application under FERS or CSRS. 

One must be careful in playing the “numbers game” in formulating, preparing and filing a Federal Disability Retirement application under FERS or CSRS.  Numbers never tell the full story, but they can be used to help describe and delineate the necessary requirements to be approved for a Federal Disability Retirement application by the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire