Federal & Postal Disability Retirements Under FERS & CSRS: Context, Sequence & Connections - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

Federal & Postal Disability Retirements Under FERS & CSRS: Context, Sequence & Connections

Often, a potential applicant for Federal Disability Retirement will insist that the origin of the medical condition or injury is important to annotate, for one reason or another. Unlike OWCP issues, origin and causation is usually of little or no significance in a Federal Disability Retirement application, whether under FERS or CSRS.  Thus, for OWCP Disability, it may be of importance to show that X injury was caused by occupational hazard Y; or that, while on the job on a certain date, the applicant slipped and fell, etc. In proving OWCP Disability, such "incident-specific" facts are important in establishing causation, in order to determine eligibility and entitlement to OWCP Disability benefits. For purposes of OPM Disability, however, the Federal or Postal worker who is seeking Federal Disability Retirement benefits from the Office of Personnel Management, does not have to establish such incident-specific facts.  Rather, the focus shifts upon the medical condition, the symptoms, and the impact upon those medical conditions and symptoms upon one’s inability to perform one or more of the essential elements of one’s job, within the last year.  While it may be that some factual context is significant by way of showing a sequence of events from the past, in order to show how the medical condition worsened over time, OPM normally does not care about such historical facts.  While the history of X is interesting, what occurs in the recent-to-present timeframe is what interests OPM.

Sincerely, Robert R. McGill, Esquire

Often, a potential applicant for Federal Disability Retirement will insist that the origin of the medical condition or injury is important to annotate, for one reason or another. Unlike OWCP issues, origin and causation

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Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Medical Retirement: Hope for Hope
    Posted on June 26, 2019

         There is hope; then, there is hoping for hope. Hope alone is the ability to see the distance between Point-A and Destination-B; Hope for hope is the capacity to picture in one’s mind that one may be able to view that distance between A and B. Few of us are in the former ... Read more

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         It is the more difficult thing to do. We tend to embrace and keep those things and are unable to let it go; of slights that scar us or reputations that were once stellar; and though the changes that force one to consider moving on are reasonable and rationally-based, there is something in ... Read more

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