FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Treatment, Surgery and Medication Regimens - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: Treatment, Surgery and Medication Regimens

In contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one needs to always bifurcate issues which are "legal", "employment-related", and "medical", etc.  Of course, issues can easily cross over between neatly-construed, artificial boundaries, such that certain issues contains multiple areas.  For example, there is the question of compliance with medical treatment.  First and foremost, whether it concerns or impacts a Federal or Postal employee — or any employee of any organization — the question of whether an individual is complying with the treatment recommendations of a doctor is one which is, and should be, first and foremost a medical one.  In preparing a Federal Disability Retirement application, however, that same question can indeed cross over into becoming a legal issue concurrently, because non-compliance with certain types of treatment regimens can be a basis for a denial of a Federal Disability Retirement application by the Office of Personnel Management.  As to "which" treatment modalities would be a basis for a denial, in general terms, those treatment modalities which one might construe as "minimal" in nature, certainly qualify.  Thus, compliance with a medication regimen is certainly a basis for a denial in a Federal Disability Retirement application; refusing to undergo a prescribed course of physical therapy may be another.  On the other hand, deciding to forego surgery is normally not a basis for a denial of a Federal Disability Retirement application, if only because of the percentages of success even with surgery are tenuous at best, and even with surgery, there is always the question of whether the Federal or Postal employee would be able to perform all of the essential elements of the job anyway.  Questions of medical treatment compliance should first and always be considered a medical question, and only in a secondary sense, a legal question.  One’s health should be the penultimate concern; the legal consequences, an afterthought.  Keeping one’s priorities in order is always the best approach, whether contemplating filing for Federal Disability Retirement under FERS or CSRS, or not.

Sincerely, Robert R. McGill, Esquire

In contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one needs to always bifurcate issues which are "legal",

View Attorney Profile

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

  • FERS OPM Medical Retirement: Letting Go
    Posted on June 25, 2019

         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

  • FERS OPM Medical Retirement: The Arbitrary Denial
    Posted on June 24, 2019

         A denial from the U.S. Office of Personnel Management of a Federal Disability Retirement application is disappointing enough. For, after waiting for countless and seemingly endless months, exhausting one’s resources and relying upon the reality of one’s medical conditions and limitations thereby imposed in persuading OPM to draw and infer the conclusion that ... Read more

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

  • FERS OPM Medical Retirement: Letting Go
    Posted on June 25, 2019

         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

  • FERS OPM Medical Retirement: The Arbitrary Denial
    Posted on June 24, 2019

         A denial from the U.S. Office of Personnel Management of a Federal Disability Retirement application is disappointing enough. For, after waiting for countless and seemingly endless months, exhausting one’s resources and relying upon the reality of one’s medical conditions and limitations thereby imposed in persuading OPM to draw and infer the conclusion that ... Read more