Medical Retirement for Federal Workers: VA Disability Issues

Many Veterans find themselves pursuing a career in the Federal work force, including the U.S. Postal Service (although, technically, the U.S. Postal Service is a quasi-Federal agency, but still part of the FERS & CSRS retirement systems, and as such, all Postal Workers are eligible for Federal Disability Retirement benefits under FERS or CSRS).  

Such a career path often results in a medical condition which, while originating in the military or while serving in the military, becomes progressively deteriorating while working for the Federal government or the U.S. Postal Service.  

Often, such a scenario comprises a dual, or parallel occurrence, in that the Veteran’s medical conditions continue to worsen, and in its progressively worsening state, the Veteran is able to apply for a VA Disability rate increase while, concurrently, the impact upon the Veteran’s ability to continue to perform all of the essential elements of his or her job with the Federal Agency or Postal Service continues to grow.  

The parallel events, at some point on a graph, begin to curve inversely, and intersect where (A) the VA disability rating, both in numerical increase and in a factual, debilitating medical reality, deteriorates to a point where (B) the Federal or Postal employee is no longer able to perform the essential elements of one’s job.  

At that point of intersection, or sometime prior to the clash of the inverse curve, it may be time for the Veteran to consider preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS.  In such a fact-scenario, the medical evidence from the VA side of things can be used for purposes of evidentiary proof in filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for U.S. Federal Government Employees: Context, Sequence & Connections

Often, a potential applicant for Federal Disability Retirement will insist that the origin of the medical condition or injury is important to annotate, for one reason or another.  Unlike OWCP issues, origin and causation is usually of little or no significance in a Federal Disability Retirement application, whether under FERS or CSRS.  Thus, for OWCP Disability, it may be of importance to show that X injury was caused by occupational hazard Y; or that, while on the job on a certain date, the applicant slipped and fell, etc.  In proving OWCP Disability, such “incident-specific” facts are important in establishing causation, in order to determine eligibility and entitlement to OWCP Disability benefits.

For purposes of OPM Disability, however, the Federal or Postal worker who is seeking Federal Disability Retirement benefits from the Office of Personnel Management, does not have to establish such incident-specific facts.  Rather, the focus shifts upon the medical condition, the symptoms, and the impact upon those medical medical conditions and symptoms upon one’s inability to perform one or more of the essential elements of one’s job, within the last year.  While it may be that some factual context is significant by way of showing a sequence of events from the past, in order to show how the medical condition worsened over time, OPM normally does not care about such historical facts.  While the history of X is interesting, what occurs in the recent-to-present timeframe is what interests OPM.

Sincerely,

Robert R. McGill, Esquire