Federal Disability Retirement Benefits for Federal & Postal Employees: Garnering the Differing Perspectives

There are varying and (sometimes) competing perspectives, which must be garnered for a cooperative totality of perspectives — including the perspective of the Agency, the Office of Personnel Management, the applicant filing for Federal Disability Retirement under FERS or CSRS, and the doctor.

The doctor, of course, is naturally suspicious of the entire process.  That is why it is crucial to explain the process, the distinction between OPM Disability Retirement and other processes such as SSDI and OWCP.

There may even be an underlying hesitation because of the suspicion of a contemplated lawsuit.  If the doctor is a surgeon, he or she might be suspicious that the reason why you are asking for a medical narrative report is because you want the doctor to admit that the prior surgical intervention was unsuccessful, and that such an admission will be used to file a medical malpractice lawsuit.

Without addressing the issue directly, by explaining the process of filing for Federal Disability Retirement — what it entails; what is needed; why and how it is different from other processes — will ultimately benefit the applicant and the entire process by garnering the support of the doctor.  Explanation and understanding is always the best avenue to easing the mind of suspicion.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement for Federal and Postal Employees: Doctors Do Want to Help

It is rare that a treating doctor fails to help, or refuses to help.  Yes, “getting involved” in a “legal case” is not only a headache, but for a doctor, it is often an intimidating experience, and many doctors have become “gun shy” over the years because of the negative experiences which have befallen them when getting involved in the legal side of his or her medical practice.

Look at it from the doctor’s viewpoint.

While one may fully understand the distinction between Federal Disability Retirement issues under FERS or CSRS, and those “other” issues (i.e., OWCP/FECA Department of Labor cases, or personal injury cases, etc.), from the treating doctor’s viewpoint, they are all “legal” issues.  And, from the doctor’s perspective and prior negative experiences, once you stick your neck out on behalf of a patient and get involved in a case, one never knows what it may lead to — court, depositions, cross-examinations, etc.  But there is indeed a difference and a distinction between those “other cases” and filing for Federal Disability Retirement cases.

To soothe the feathers of a doctor is important; to take the time to explain the process is vital; to make the job of the doctor as efficient and non-threatening is the key to a successful Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Disarming the Doctor

To some extent, there is indeed a “difference” and a “distinction” between an Administrative process of law, and a “legal” or “courtroom” (i.e., “adversarial”) process of law.  Doctors are, by either personal & professional direct experience, or from hearing or reading about others, keenly aware of the horrors of the “legal” process.  Malpractice lawsuits, personal injury lawsuits, subpoenas, depositions, being cross-examined by a defense attorney (or the Plaintiff’s attorney, whichever may be the case) on the stand — these are all intimidating factors that are deliberately avoided. 

Because of such negative experiences, perspectives, memories or viewpoints about the legal process, it is often an unfortunate fact that doctors “run for cover” whenever there is even a hint that one is being asked to involve him or herself in such a “legal process”.  Doctors will outright refuse to write a medical report; one may be dropped as a patient suddenly and without warning; there may be considerable delays and obfuscation in responding to a request for a written narrative report.  These are merely some of the underlying reasons why an SF 3112C should never be used — because it does not properly explain what it means to “get involved” in the administrative process.  To this extent, it is important to have an attorney who will carefully, and with great tact, explain the process of obtaining Federal Disability Retirement benefits — and thereby “disarm” the doctor from being intimidated.

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

CSRS & FERS Disability Retirement: The Doctor's Opinion

As an attorney who represents Federal and Postal employees to “obtain” Federal Disability Retirement benefits, it is important to make distinctions within the process of securing the Federal benefit:  while it is important to solicit and secure the medical opinion of the treating doctor, the resistance from such doctors — if in fact there is any resistance at all — most often comes about because the doctor doesn’t understand the “process”. 

Doctors are medical providers.  They are in the practice of medicine because they believe in applying the science of medicine to help their patients get better.  Helping someone obtain Federal Disability Retirement benefits under FERS or CSRS is not part of “practicing medicine”.  Yet, in many ways, it is.  It is part of practicing medicine because, to allow the patient to continue to work in a job which he or she cannot perform, will only exacerbate and worsen the medical condition. 

Further, doctors never like to “disable” their patients.  To counter this medical opinion, it is important to clearly inform the doctor what the process of Federal disability retirement is and is not.  It is the job of the attorney hired to represent a Federal or Postal worker to obtain disability retirement benefits, to clearly and cogently explain the entire process to the treating doctor.  That is what I do, at the very start, in representing my clients.

Sincerely,

Robert R. McGill, Esquire