Tag Archives: FERS Disability Retirement medical documentation

Discretionary Judgments

There are many things in the long process of getting a Federal Disability Retirement application approved, which are purely “discretionary”, based upon one’s experience, sense of a case, an ear to listening to a client, and based upon a compendium of factors, facts and circumstances, to come up with the “best” decision on a particular issue. A person who tries to go through the process alone, without the ear, mind, experience or judgment of an attorney who knows the process governing Federal Disability Retirement has to make such discretionary decisions without the benefit of past experiences.

Such decisions can range from small issues of: how and when a treating doctor should be approached in the request for a medical narrative; how much guidance the doctor would need or want in preparing a medical narrative report; when and how to inform the agency of the pending decision to file for Federal Disability Retirement benefits, etc.; to the larger decisions, such as which medical conditions and reports to include in the final packet to be submitted to the Office of Personnel Management; and many other such discretionary decisions. Yet, when grouped together, the complex interactions of the multiple “discretionary judgments” can often make or break a case.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Benefits Lawyer

Filing for FERS Disability Retirement is not a decision that should be made lightly.  Whatever your circumstances are, consider every aspect of the application, the process, and your individual situation before making a final decision.  Set up an appointment over the phone with Attorney McGill to review your case so that he can help you to assess your chances of getting approved.  It’s easy, convenient and free for first-time consultations. 

OWCP Determinations

The key to effectively using collateral sources of disability determinations in a FERS Disability Retirement application is to tailor its relevance in each individual circumstance.

Thus, for example, because the focus upon percentages of disability, or the issue of causal connection to the workplace, is a focal point of importance in an OWCP/Department of Labor case, but not in cases of Federal Employee Disability Retirement.  Such issues should be left alone.  However, the fact that there may be an “independent medical examination” by a Second-Opinion doctor, or a referee doctor in a Worker’s Comp case, can be used to one’s advantage.

Often, a person who has been under the agonizing scrutiny and torture of the Worker’s Comp process will miss the point, and complain that the OWCP-appointed doctor “didn’t even exam me for 2 minutes”, or “didn’t listen to a thing I said,” but all the while missing the key ingredients in the doctor’s report:

(1) That the doctor can be effectively characterized as “independent” — not from an OWCP standpoint, but certainly from a FERS Disability Retirement standpoint, because that particular doctor has no self-interest from OPM’s viewpoint.

(2) If the doctor’s opinion is that, while the causal connection (for example) may not have been established, does he nevertheless express an opinion that the Federal or Postal employee is unable to return to perform the essential functions of his or her job?

Often, the emotional uproar in an OWCP case, or in other similar cases (SSDI & Veteran’s Department disability determinations) causes the Federal or Postal employee to miss the primary point of the process: to use the tools effectively in getting a Federal Disability Retirement application under FERS approved.  With that goal in mind, an experienced FERS Disability Retirement Attorney can help you to evaluate your medical records to identify which ones you should use as supporting documentation for your Federal Disability Retirement claim.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The law office of Attorney Robert R. McGill, P.C., has intended to convey general information by the information contained in this blog. The information contained in this website should in no way be construed as legal advice or opinion. The intent of this website is a source for general information about Federal Disability Retirement law only.