Posted on May 03, 2011 in Administrative Law
In preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS, the linchpin (sometimes spelled "lynchpin") is comprised of a supportive doctor who is willing to provide substantive medical evidence, by a preponderance of the evidence, that a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s job, and that the medical condition will last a minimum of 12 months. Originally, a linchpin referred to a metal fastener which prevented a wheel from becoming separated or dislodged from the axle. Similar to the conceptual analogy of the "weakest link" in a chain, the idea of viewing a Federal Disability Retirement application in such terms and perspective is to recognize the centrality of a foundation, and how everything else is supported by that foundation. If the foundation itself is weak, then the chain may snap, and the wheel may fall off the wagon, and everything which is supported by the foundation may come tumbling down. Such a weak linchpin may be characterized by "The Reluctant Doctor." For, ultimately, it will be the treating doctor’s opinion which will provide the primary basis of a Federal Disability Retirement application under FERS or CSRS. To presume the support of one’s treating doctor may reveal an unfounded sense of confidence. To declare that, "Of course my doctor will support me. He’s been my doctor for X number of years," is to be naive about the psychology of doctors. Doctors enjoy engaging in the practice of medicine; they abhor the administrative necessities of supporting their patients in preparing a Federal Disability Retirement application. The Reluctant Doctor is fairly widespread; it is up to the potential applicant, or his/her attorney, to explain the process, beginning with a simple request for an assurance of support from the patient — the applicant who will be filing for Federal Disability Retirement benefits under FERS or CSRS.
Sincerely, Robert R. McGill, Esquire
In preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS, the linchpin (sometimes spelled "lynchpin") is comprised of a supportive doctor who is willing to provide substantive medical evidence,