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Tag Archives: Application

OPM Disability Retirement: The Proper Approach

Posted on June 18, 2009 by Federal Disability Lawyer
Reply

Some believe that, when formulating and compiling a disability retirement application, that quantity of supporting documentation will win the day — all medical reports, records, statements from friends, family, co-workers, etc.

Sometimes, however, it is better to refrain from providing everything all at once; for, if a determination is made that there is sufficient documentation to prevail in a disability retirement application, it is sometimes the wiser course to restrain the natural inclination to bombard the Office of Personnel Management with all of the available documentation.

This is merely a strategic bit of advice; yet, in practical terms, inasmuch as every disability retirement case has the potential to be denied at the First Stage, and OPM would in that event be requesting additional supporting documentation, it is often a good idea to “withhold” and “keep back” a secondary source of supporting documentation — but only if the primary source of supporting documentation is confidently adequate to win at the first stage.

It is a discretionary method of approaching the compiling of data and documentation at the first stage — a decision which should be made with wise counsel.

Sincerely,

Robert R. McGill, Esquire

Posted in Application, Appeals, and Other Medical Documentation Submitted To the OPM, OPM Disability Application and/or Process | Tagged and Other Medical Documentation Submitted To the OPM, Appeals, Application, disability insurance for federal employees, disability retirement for letter carriers, documentation for federal medical retirement, federal disability law, federal disability law blog, federal employee disability opm workmans, Federal Medical Evidence of Record Program (FEDMER), federal workers comp application forms, fers claim for disability retirement, fers disability insurance, FERS Disability Retirement Attorney, filing for OPM disability retirement, helping injured federal workers, job related stress and federal disability, medical retirement in the us post office, more than enough medical documentation, national reassessment process, opm disability claims processing, OPM medical disability retirement claims and appeals, opm medical documents, place quality over quantity, postal workers disability insurance, preparing an OPM disability application for the long term, preponderance of the evidence documents, quality versus quantity on medical documentation, relevance over quantity on disability medical documentation, saving some medical docs for later in opm disability, statements from friends to support opm medical documentation, supporting substantial medical evidence to OPM, using coworkers' statements in federal disability, USPS disability retirement, usps fers retirement disability | Leave a reply

CSRS & FERS Disability Retirement: Is There a Higher Standard of Proof for Psychiatric Disabilities?

Posted on May 11, 2009 by Federal Disability Lawyer
Reply

I am attempting to address the issue of Psychiatric medical disabilities in the context of filing for Federal Disability Retirement benefits under FERS & CSRS, by addressing the issue from various perspectives and angles, in an effort to inform the reader in different ways.  Major Depression, Generalized Anxiety Disorder, panic attacks, Bipolar Disorder — each possess unique traits, characteristics, and symptomatologies and manifestations exhibited in ways specific to the psychiatric condition.

What is often the case is that, while the Psychiatrist is the medical doctor who is the “expert” on the Psychiatric condition, it is often the psychologist (the “Ph.D”), the Therapist, the Licensed Clinical Social Worker, etc. who has the “personalized” knowledge of the patient, who can provide the descriptive emotional impact, and the specific adjectives which can properly be formulated to reveal and “prove” the impact upon one’s inability to perform the essential elements of one’s job.

Often, the Psychiatrist is merely the “medication manager” — the prescriber of the psychotropic medications.  Thus, in proving a Federal Disability Retirement case by a preponderance of the evidence, it is often necessary to have both the Therapist, as well as the Psychiatrist, in a joint effort to meet the standard of proof.

Is there a higher standard of proof in a Psychiatric medical condition?  To some extent, the answer is yes — but this is only natural, inasmuch as it requires “more” to have people fully understand the nature, extent, and impact of what it means to have a psychiatric medical condition.  For, at its very essence, who among us can truly understand what it means to be overwhelmed by a psychiatric medical condition?  Only words — descriptive adjectives and emotive-concepts, can draw us closer to having at least some rudimentary understanding.

Sincerely,

Robert R. McGill, Esquire

 

Posted in Burden of Proof, Clarifications of Laws or Rules, Mental/Nervous Condition | Tagged and Other Medical Documentation Submitted To the OPM, anxiety & panic attack in the Postal Service, Appeals, Application, applying for csrs retirement, applying for fers retirement, Bipolar Disorder in the Postal Service, disability opm retirement, disability retirement fers, disabling depression, disabling mental nervous conditions, disabling side effects medication, doctor and patient relationship, doctor's statements of disability, federal disability attorney, federal disability retirement opm, federal law enforcement occupational injury, FERS Disability Retirement Attorney, FERS Disability Retirement Lawyer, job-related illness, legitimate conditions for OPM disability retirement, letter carriers disability retirement, licensed clinical social worker, mail handler workers comp, mail processors occupational injuries, Major Depression cases in the USPS, medical reasons for federal disability retirement, mental health therapist, nexus between medical condition and essential elements, OPM disability application tips, OPM psychiatric and physical conditions, psychiatric conditions, psychiatric medical conditions, psychological impacts of dog biting, psychologist, psychotropic medications effects on the federal worker, stress disability for federal employees, treatment of mental illnesses, USPS disability retirement, usps fers retirement, workers comp federal employee, your treating doctors | Leave a reply

FERS Disability Retirement: The First Denial

Posted on April 26, 2009 by Federal Disability Lawyer
Reply

Your Federal disability retirement application was well-prepared:  perhaps it was prepared with the help of an attorney; the medical documentation seemed solidly unequivocal; the doctor made the necessary connections between one’s medical conditions and the type of essential elements of one’s job; the packet, by all accounts, should have been approved, and by all expectations, the approval should have been reasonably expected.

Instead, you receive a letter stating that your disability retirement application was disapproved, and a “Discussion” section follows, explaining why the Office of Personnel Management denied your application.  Why did this happen?  There are multiple reasons why such a denial can occur:  the OPM specialist could be a person who lacks a clear understanding of the applicable laws governing disability retirement applications (more often than not, this is the case, and what you actually get in the so-called “Discussion” Section of the denial letter is merely a regurgitation of the statutory criteria for eligibility for disability retirement, without a recognition of the interpretation of such criteria by Federal Judges for the Federal Court of Appeals or by Administrative Judges from the Merit Systems Protection Board); it could be as simple as the OPM representative selectively choosing to read the medical reports and records, and disregarding or ignoring supportive portions of the medical records and reports; or it could be that additional medical reports and records need to be obtained in order to “shore up” the application.

In any event, whatever the reason for the denial, one should not panic.  It is merely one step in a long, administrative process.  The mere fact that OPM denies your disability retirement application does not mean that they are “right” in doing so; indeed, in my opinion, they are rarely right.  That is why one has the right to have it “reconsidered”, and the opportunity to make further legal arguments, and obtain further medical documentation in support of your claim.  And, beyond that, you have the right to file an appeal to the Merit Systems Protection Board — and beyond.  Never give up; always take it to the next step.  In most cases, it will prove that OPM was in error, and in fighting the denial, you will have secured some semblence of financial security for your future.

Sincerely,

Robert R. McGill, Esquire

 

Posted in OPM Disability Application and/or Process, U.S. Office of Personnel Management (OPM), When The OPM Application Is Denied | Tagged and Other Medical Documentation Submitted To the OPM, appeal to the Merit Systems Protection Board, Appeals, Application, csrs retirement, disability retirement application, disability retirement from post office, disability retirement packet, examining the basis for the denial, Federal Circuit Court of Appeals, federal court decisions in OPM disability cases, federal employee lawyer, FERS Disability Retirement Lawyer, financial security for disabled Postal workers, how to win an OPM disability case, legal & foundational argument, medical disability lawyers opm, medical records in opm disability application, medical reports in the OPM disability retirement applic, Merit Systems Protection Board and OPM disability, misinterpretation or misapplication of OPM disability l, MSPB Administrative Judge (AJ), MSPB disability lawyer, nexus between medical condition and essential elements, Office of Personnel Management (OPM), OPM disability appeal to the MSPB, OPM First Stage Disability Application, OPM Initial Stage, OPM Specialist, Post Office disability, Postal Service employee advocate, statutory criteria for eligibility for disability, statutory requirements in OPM disability law, the administrative process to get medical disability, US Postal Disability, USPS disability claims, USPS disability retirement, usps medical retirement | Leave a reply

The Affirmative Approach to OPM Disability Retirement Filing

Posted on April 10, 2009 by Federal Disability Lawyer
Reply

The road which leads to one’s future financial security is irreversibly tied to the extent of how affirmatively one takes one’s future into one’s own hand (now, that was indeed a mouthful).  By this, I mean merely that, in preparing an application for Federal Disability Retirement, there are going to be all sorts of “outside forces” which pull you towards every different direction.  Friends will tell you one thing; your Agency will tell you something else; your coworkers will give you stories (both good and bad); your Human Resources Department may give you advice; ultimately, you must take an affirmative approach and make sure that your application is coherent, logically structured, and medically supported.

By way of example, an Agency’s Human Resources Department will often insist that the Physician’s Statement, SF 3112C, is a “required” form.  It is not.  They will often give you the form with the return address of the Agency stamped in the upper blank box, for the medical report and records to be returned to the H.R. Department.  Upon receipt, the H.R. Department simply includes the medical documentation (without review or determination that it is helpful to your case), and forwards the packet to the Office of Personnel Management.  This would be the “non-affirmative” approach of doing things.  To take the affirmative approach would be:  Make sure that the medical documentation you submit to OPM is the extent, type, and quality that you want to submit.

Remember:  the applicant has the burden of proof, by a preponderance of the evidence, to show that you are entitled to Federal Disability Retirement benefits.  Don’t let third parties (i.e., friends, coworkers, Agency, H.R. Department personnel, etc.) make the decisions for you.  Take the affirmative approach — either by yourself, or through your attorney.

Sincerely,

Robert R. McGill, Esquire

 

Posted in OPM Disability Application and/or Process, The Job of a Federal Disability Attorney | Tagged affirmative approach for OPM disability retirement, agency's human reources department, and Other Medical Documentation Submitted To the OPM, Appeals, applicant's physician, Application, Burden of Proof, CSRS Disability Application, csrs retirement, disability FERS retirement, federal medical retirement, FERS Disability, FERS Disability Application, FERS Disability Retirement Lawyer, financial security for disabled Postal workers, how to win an OPM disability case, lawyer role in federal disability cases, legal requirements of the medical narrative report, long-term security of the Federal and Postal employee, maintaining a positive attitude, medical reports in the OPM disability retirement applic, not owcp retirement but opm disability retirement, Office of Personnel Management (OPM), OPM disability application tips and strategies, OPM Federal Government Disability Decisions, OPM medical retirement, Post Office disability, Postal Service disability, postal workers injury attorney, pragmatic methodology, proper response to the agency, SF 3112C Physician's Statement, Standard Form SF 3112C, strategists for a good opm disability application, the applicant's methodology, the H.R. Department, USPS Disability, USPS disability claims, usps medical retirement, your treating doctors | Leave a reply

CSRS & FERS Disability Retirement: The Process

Posted on March 15, 2009 by Federal Disability Lawyer
Reply

The importance of the “process” cannot be overstated in the filing of Federal Disability Retirement benefits.

It is the “coordination” of all of the various elements involved:  the Medical Narrative Report; the proper legal citations to refer to; the relevance of which medical documents to use; streamlining the documentation; the orderly listing of the medical conditions; how the medical conditions should be described; the narrative description of the impact and nexus between the medical condition and the job description; how to deal with accommodation issues; how to preemptively minimize any adverse impact from an “unfriendly” Supervisor’s Statement.

Also, the elements of preparing for the “long haul” — the potential denial, the denial at the Reconsideration Stage, and onward to the Merit Systems Protection Board — thus, preparing the case not only for the First Stage, but for any future stages of the process; how to deal properly and intelligently with specific medical conditions which may require a different “tweaking” of the application (i.e., medical conditions such as Fibromyalgia, Chronic Fatigue Syndrome, Bipolar Disorder, panic attacks, Multiple Chemical Sensitivity cases, etc.); the “do’s and don’t’s” of describing certain medical conditions.

These are only some of the issues which must be dealt with, coordinated, and thoughtfully constructed in preparing for a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Posted in OPM Disability Application and/or Process | Tagged and Other Medical Documentation Submitted To the OPM, anxiety & panic attack in the Postal Service, appeal to the Merit Systems Protection Board, Appeals, Application, Bipolar Disorder in the Postal Service, case law citation in federal disabilities cases, Chronic Fatigue in federal jobs, different medical conditions in federal disability retirement, federal employee disability, federal employee retirement disability, federal workers with panic attacks, Fibromyalgia in OPM disabiity retirement, ill postal worker, injured postal worker, legal accommodation for Postal workers, medical condition, medical narrative report for federal disability, MSPB Reconsideration Stage, Multiple Chemical Sensitivity (MCS), nexus between medical condition and essential elements, OPM First Stage Disability Application, OPM Reconsideration Stage, SF 3112B Supervisor’s Statement, the approval/disapproval process, USPS disability claims, USPS Workers Comp | Leave a reply

OPM Disability Retirement: Additional Comment on Medical Documentation

Posted on March 13, 2009 by Federal Disability Lawyer
1

There are two (2) fundamental reasons why SF 3112C (Physician’s Statement) “doesn’t work” for physicians:  First, it is a government “form”.  It requests of a doctor to mechanically engage in the very performance of a duty which all doctors (generally speaking) hate:  writing up a report.  It does not provide for a context; it does not attempt to simplify the process for the doctor.  Second, for any doctor, it is an unappealing request.  To shove a government form which is written in fine print, and ask him to “follow the directions” is something all doctors (again, generally speaking) hate to do.

What I have found to be much more effective, is to provide a context and background — an “explanation” — to the doctor, concerning the medical disability retirement process.

That is one of the primary reasons why I never have my clients sign or submit an SF 3112C.  Aside from the danger of allowing for the blind release of any and all medical information to the Agency, and ultimately to the Office of Personnel Management when one signs the 3112C, it is simply not an effective means by which to obtain the necessary medical narrative report from the treating doctor.  To obtain an effective narrative report, it is important to have an attorney make a proper and thorough request.

Sincerely,

Robert R. McGill, Esquire

Posted in Application, Appeals, and Other Medical Documentation Submitted To the OPM, Clarifications of Laws or Rules | Tagged and Other Medical Documentation Submitted To the OPM, Appeals, applicant's physician, Application, disability FERS retirement, disability retirement at the USPS, disability retirement from post office, disability retirement with the federal government, federal employee disability benefits, federal workers disability, FERS Disability Application, FERS Disability Retirement Lawyer, lawyer role in federal disability cases, legal requirements of the medical narrative report, medical narrative report for federal disability, not owcp retirement but opm disability retirement, Office of Personnel Management (OPM), OPM disability application tips and strategies, OWCP long term disability, physician's statements in an OPM disability case, Postal employees disability, Postal Service disability, Robert R. McGill, SF 3112C Physician's Statement, statutory requirements in OPM disability law, the applicant's methodology, Why not to submit an SF 3112C, your treating doctors | 1 Reply

CSRS & FERS Disability Retirement: Reasonable Accommodation by the Agency

Posted on February 10, 2009 by Federal Disability Lawyer
2

Often, aside from having submitted insufficient medical documentation to support a Federal Disability retirement application, the Office of Personnel Management will deny a case based upon a statement submitted by the Supervisor, normally on SF 3112B (aptly entitled, “Supervisor’s Statement”).

Now, in preparing a Federal Disability Retirement application, I rarely worry about what will be on a Supervisor’s Statement, primarily because the applicant rarely has any control over the contents of the statement, anyway, and therefore to focus upon that which one has little or no control over, is simply a waste of time.  Instead, I focus upon obtaining an overwhelmingly convincing medical narrative report from the doctor, which then essentially makes the Supervisor’s Statement — if it is viewed somewhat as “negative evidence” by the Office of Personnel Management — a moot and irrelevant point of contention.

More often than not, when the Office of Personnel Management refers to the Supervisor’s Statement as revealing some basis for denying a disability retirement application, I find that OPM has either mis-read the import of the statement, or has selectively misquoted from the Supervisor’s Statement.

Remember that the law requires that the Agency provide a “reasonable accommodation”; more often than not, what the Supervisor or the Agency has provided, is neither “reasonable”, nor an “accommodation” under the law.

In any event, whether by misquote, unfair and selective reasoning, misreading, “unreasonable”, or not an “accommodation” at all, I rarely find that the Supervisor’s Statement is helpful or unhelpful; and, certainly, I have never found that a Supervisor’s Statement contains any substance which would or should be the basis of a denial from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Posted in Accommodation and Light Duty, Agency’s and/or Supervisor’s Actions | Tagged accommodation of federal employees, accommodation under OPM disability law, agency's influence in disability retirement, and Other Medical Documentation Submitted To the OPM, Appeals, Application, applying for federal disability, disability federal employee, disability retirement at the USPS, federal employee attorney, federal medical retirement FERS disability, injured federal employee, insufficient medical documentation for OPM disability, light duty in the Postal Service, limited duty in the Post Office, medical narrative report for federal disability, medical reports in the OPM disability retirement applic, Offer of Modified Assignment (Limited Duty) PS Form 2499X, Office of Personnel Management (OPM), Post Office disability, Postal supervisors and managers, reasonable accommodation of federal workers, SF 3112B Supervisor’s Statement, top reasons for denying an OPM disability application, US Postal Disability | 2 Replies

OPM Disability Retirement: The Administrative “Process”

Posted on August 31, 2008 by Federal Disability Lawyer
Reply

I have previously written about how a Federal Disability Retirement application should be prepared:  that it should be looked upon as an administrative “process”, and as such, it is not like taking a test for a driver’s license, or filing an application to obtain a permit — both of which are similarly “administrative” issues.  The reason why filing for Federal Disability Retirement benefits under FERS or CSRS is different, and is a “process” as opposed to merely filing an “application” for something which will be essentially rubberstamped, is that it requires proof which must meet a certain statutory legal standard — it requires that one prove, by a preponderance of the evidence, that one is entitled to receive disability retirement benefits.

Now, wherever “proof” of eligibility is required, there can be a disagreement as to whether or not such proof met the statutory eligibility requirements.  Other applications, such as filing for a Social Security Card, may also have certain statutory requirements, but normally such administrative applications are fairly “cut and dry” — such as, certain documents will be accepted to prove X, or certain forms may need to be filled out to obtain Y.  But where a legal standard of proof must be met, differences between the Applicant and the Agency may erupt.

OPM may state, and argue, that the medical documentation, the Supervisor’s Statement, the Agency Certification of Accommodation efforts, the comparison between the applicant’s Statement of Disability and the doctor’s statements and notes — did not rise to the level of meeting the legal standard of “preponderance of the evidence”.  This is where many people get themselves into trouble — by thinking that it is merely an “application” to file in order to obtain an administrative benefit.  Then, when it gets denied at the first level, applicants become devastated, thinking that it is the end of the world.  From the outset, it should be looked at as a “process” — one which may take going to the Merit Systems Protection Board, or even further, to the Full Board Review, and then, if necessary, to the Federal Circuit Court of Appeals.

Sincerely,

Robert R. McGill, Esquire

Posted in Clarifications of Laws or Rules, The Federal Disability Retirement Process | Tagged a well-prepared opm disability case, and Other Medical Documentation Submitted To the OPM, Appeals, Application, applying for opm medical retirement, being careful with the medical documentation you submit to opm, Burden of Proof, document preparation and opm disability law, entitlement to receive federal employee disability, federal disability and the agency's certification of accommodation, federal disability attorney, federal disability retirement application and process, fers disability and form filling application, FERS disability lawyer, fers disability retirement and the burden of proof concept, how to prepare a successful opm disability claim, lawyer federal retirement disability, legal arguments in the federal disability application, legal standards must be met during the opm disability process, nationwide representation of federal employees, opm denied my opm disability retirement application, OPM disability application, opm disability law and the preponderance of evidence concept, OPM disability retirement, opm disability: a form filling or a legal process?, opm retirement eligibility process, personal injury in a federal agency, planning an opm disability strategy that goes beyond form filling, preparing an OPM disability application for the long term, preponderance of the evidence concept in fers disability law, process, proof of eligibility in federal postal disability, reasons why the opm can deny disability application, reflections on the opm disability process, representing federal employees from any us government agency, representing federal employees in and outside the country, start fers disability retirement, statutory legal standard of disability or impairment, supervisors' revenge against Postal workers, the applicant's and the agency's legal arguments over opm disability, the applicant's legal arguments, the applicant's medical narrative report, the approval/disapproval process, things that can go wrong during the fers disability process, thinking process, understanding the whole opm disability process, using precedents in legal arguments, USPS disability retirement, wherever proof is required disagreements will emerge, why opm disability retirement can be denied? | Leave a reply

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