Posted on July 29, 2011 in Administrative Law
One characteristic that people normally do not observe in medical doctors, is one of lack of confidence. For, confidence, knowledge, direction, advice and assertiveness — those are the "bedside manners" which we expect from a medical doctor to whom we approach for treatment of our maladies. Yet, in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, often the "Family Doctor", or otherwise identified as the Primary Care Physician or General Practitioner, will declare that he or she cannot make a disability determination because of being either ill-equipped, or because they do not possess the "speciality" of knowledge in making such a determination. Often, the doctor will rely upon a Functional Capacity Evaluation, and will insist that such an evaluation be performed prior to rendering his or her medical opinion on the matter of one’s capability, capacity, and ability to perform all of the essential elements of one’s job in preparing and formulating a medical narrative report for a Federal Disability Retirement application. This, despite the obvious advantages already obtained in the course of many years of treatment of the Federal or Postal employee, the most important of which: an intimate knowledge, gained through clinical examination and contact over the years, of the medical conditions of the patient, including the extent, severity and chronicity of the medical condition(s); as well as the consistency of complaints and review of radiological reports, the direct clinical contact with the patient, etc. Often, such lack of confidence is merely one of not understanding what a FERS or CSRS Disability Retirement application requires — and it is the job of either the patient or, if represented, with the assistance of the federal attorney, to clearly and concisely explain the process, the requirements, and why the family doctor is best qualified to provide a detailed medical narrative report explaining why the Federal or Postal employee is unable to perform one or more of the essential elements of one’s job. Marcus Welby, M.D. aside, the general practitioner is still the best source of information and proof in meeting the legal criteria in preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS (and if you failed to understand the reference, you are much younger than the writer of this blog).
Sincerely, Robert R. McGill, Esquire
One characteristic that people normally do not observe in medical doctors, is one of lack of confidence. For, confidence, knowledge, direction, advice and assertiveness — those are the "bedside manners" which we expect from a medical doctor