Posted on January 21, 2010 in Administrative Law
Most doctors are unfamiliar with the process of obtaining Federal Disability Retirement under FERS or CSRS, but are more often than not familiar with the process, procedures, and correlative headaches associated with Worker’s Comp benefits. Because of this greater familiarity, there is often an underlying suspicion that comes along with it — that rendering any medical opinion must be accompanied by some underlying justification and "objective" methodology of supporting the medical opinion. And this is understandable. In this day and age of malpractice lawsuits, of questioning every test, procedure and opinion, it is rare that a medical doctor is comfortable and secure in rendering a medical opinion about one’s ability or inability to perform one or more of the essential elements of one’s job, based solely or primarily upon clinical examinations and reviewing of diagnostic results. Enter the FCE — the "Functional Capacity Evaluation". The FCE provides "cover" for a doctor’s medical opinion, because the doctor can point to an apparently "objective" evaluation — a third party rendering a number of physical tests, exertional exercises, physical capacity movements, etc., which serve to provide a framework from which a doctor can render an "objective " opinion. Why it is accepted that pointing to someone else’s evaluation — as opposed to relying upon one’s own clinical examinations, reviewing one’s history, reviewing diagnostic test results, etc. — is any more valid, is a great mystery. But if it makes the doctor feel more comfortable, then a person considering filing for Federal Disability Retirement benefits under FERS or CSRS should go ahead and agree to submit to an FCE, if that is what it takes to get the doctor on board.
Sincerely, Robert R. McGill, Esquire
Most doctors are unfamiliar with the process of obtaining Federal Disability Retirement under FERS or CSRS, but are more often than not familiar with the process, procedures, and correlative headaches associated with Worker’s Comp benefits.