FERS & CSRS disability retirement & treatment compliance issues - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS disability retirement & treatment compliance issues

While the issue of ‘causality’ is not one which often comes up in OPM disability retirement cases (by obvious contrast, of course, is the fact that causality, whether it was caused while working, on the way to work, outside of the parameters of work, etc, is often an issue in OWCP/DOL cases), there are certain cases where such an issue may be important to address. Baker v. OPM, 782 F.2d 993 (Fed. Cir. 1986) is actually a case which continues to remain of interest, in that, there, the Court noted that where obesity had a causal impact upon the appellant’s back pain, and since the appellant failed to follow medical instructions to lose weight, therefore the cause of the back pain was not as a primary and direct result of a medical condition, but rather because of non-compliance of reasonable available corrective or ameliorative action. Thus, there are certain areas where you will be in danger of having your disability retirement application denied: one such area, where the Merit Systems Protection Board has been fairly consistent, is non-compliance of a prescribed medication regimen. In other areas, however, especially where surgery is recommended but where the percentage of success cannot be easily quantified, there is much more leeway. Disability Retirement is an area of law which encompasses a wide range of complex and potential "legal landmines", and it is often a good idea to seek the counsel of an experienced attorney to help guide your way.

Sincerely, Robert R. McGill, Esquire

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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 Medical Retirement: Lost Causes
    Posted on August 17, 2019

         It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for. It ... Read more

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