Posted on May 30, 2012 in Administrative Law
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether a Federal or Postal employee is under FERS or CSRS, there are steps to be taken — not only at each "stage" of the administrative process, but moreover, in the weeks and months prior to the actual formulation, compilation and submission of the Standard Forms, documentary support, writing of the Applicant’s Statement, etc. As a "process", one may bifurcate the necessary steps into the following: the pre-conditional stage; the preparatory stage; the time of formulation & actualization; finally, the submission of the disability retirement packet. In the "pre-conditional" time period, one should focus upon the single most important aspect of a Federal Disability Retirement case — that of garnering, concretizing and establishing the necessary physician-patient relationship, such that there is a clear understanding of what is required of the physician; what the physician expects of the patient; and, wherever and whenever possible, a continuing mutual respect and understanding between the doctor and the patient-applicant. This is why the Merit Systems Protection Board has explicitly, through case after case, opined upon the preference for "treating" doctors of longstanding tenure. For, in such a relationship of long-term doctor-patient relationships, a greater ability to assess and evaluate the capabilities and limitations of the patient’s physical, emotional and psychological capacities can best be achieved. In every "rule", of course, there are exceptions, and sometimes more "distant" methods of evaluations can be obtained — through OWCP doctors, referee opinions, independent examinations (indeed, one can make the argument that because it is "independent", therefore it carries greater weight), functional capacity evaluations, etc. For the most part, however, the cultivation of an excellent physician-patient relationship will be the key to a successful Federal Disability Retirement claim, and as such, the pre-conditional stage to the entire process should be focused upon establishing that solid foundation.
Sincerely, Robert R. McGill, Esquire
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether a Federal or Postal employee is under FERS or CSRS, there are steps to be taken — not only at each "stage"