Federal Disability Retirement (FERS & CSRS): Discretionary Determinations

Reviewing medical documentation often involves a discretionary determination in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Relevant documentation should be filed as an attachment in support of a Federal Disability Retirement application; sometimes, medical reports, notes and records which are from specialists or referral doctors, contain information which is helpful, irrelevant, or detrimental to an application, and determinations as to whether to file it or not is a matter of discretion.  It is the responsibility of the Federal or Postal employee to prove, by a preponderance of the evidence, that one is entitled and eligible for Federal Disability Retirement benefits under FERS or CSRS.  Meeting the criteria of eligibility is a matter of some latitude; determining what evidence to include involves a certain amount of discretion; in either case, one must affirmatively prove one’s case.  Thus, FMLA paperwork previously completed by the doctor may have addressed a particular issue for a specific timeframe; OWCP forms previously filled out by the doctor may pertain more to a particular time-period or for the issue of causation, etc.  In the totality of the picture of one’s history of medical conditions, one must utilize a discretionary sense of wisdom in determining which medical evidence will be helpful, and which may potentially hinder.  It is never an exact science; but then, science itself is no longer an exacting endeavor.

Sincerely, Robert R. McGill, Esquire

Reviewing medical documentation often involves a discretionary determination in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Relevant documentation should be filed as an attachment

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Robert R. McGill

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Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: Similar Lives
    Posted on October 16, 2019
    Topic: Administrative Law

        Dissimilarity is what threatens us; similarity — the notion that there are shared, common characteristics between you and I — provides for an acceptable level of comfort and security. When we learn about the lives of the “rich and famous”, other than feeling some sense of envy, we can still imagine enough similarity ... Read more

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         The reference is likely outdated. One doesn’t hear of the phrase, anymore, that “X is like an albatross around my neck.” If it is referenced at all, one is likely to witness everyone standing around within earshot to whip out their smartphones and Google it, to find: Literally a large sea bird. The ... Read more

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