Ultimately, federal disability retirement is a benefit that must be fought for and secured to achieve a level of financial security for the future. The questions that are asked when first confronted with a medical condition that has begun to interfere and that leads to the inability to perform one or more of the essential elements of the job are many and varied. Where to look for the answers, whom to trust, and then deciding what knowledge is accurate and useful, are the keys to a successful application for federal disability retirement benefits for Federal and Postal employees under FERS and CSRS.
The Internet has flourished and expanded. Information on any topic is just a Google search away. However, a distinction must always be made between information and knowledge. The vast amount of information on any subject does not necessarily result in knowledge on the subject. This opinion is true in the field of information and knowledge about federal and postal disability retirement.
Early on, the type, extent, and severity of the medical condition must be determined. Therefore, is the medical condition physical or psychiatric in nature, or is there a combination of both physical and psychiatric medical conditions? If physical, do the medical conditions affect a person’s ability to perform one or more of the essential elements of their job? Does the job itself, the job description, make physical demands that are affected by particular medical conditions? If it is psychiatric, have the appropriate treatments been carried out? Have psychotropic medications been prescribed? Have there been psychotherapeutic interventions?
Proper medical documentation is important to the basis of compiling an effective federal disability retirement application. Note the distinction between proper “medical treatment” and “medical documentation.” Such a distinction should not be easily overlooked. Because while the treating physician may be the best orthopedic specialist in the world, or a world-class neurosurgeon, if that same physician is not willing to formulate and take the time to write a proper and comprehensive medical narrative report, then such a specialty of knowledge and experience are ineffective in preparing and submitting a federal disability retirement application.
A federal disability retirement application is a paper submission. Therefore, as part of the compilation of the federal disability retirement application, the two most important components are: (1) supporting medical documentation and (2) the applicant’s declaration of disability (standard form 3112A, both for FERS and CSRS employees). As a paper submission, without clinical examinations performed by a physician at the Office of Personnel Management (the Agency that reviews and decides on the approval or denial of all applications for Federal Disability Retirement under FERS or CSRS, both for federal employees and postal employees), description of medical conditions, the impact of medical conditions on a person’s inability to perform one or more of the essential elements of their job, all must be effectively conveyed in medical narrative reports, as well as in the applicant’s Statement of Disability. Therefore, knowledge is the path to success, and such knowledge must be properly and descriptively conveyed to the Office of Personnel Management.
Be aware of the important differences between a federal disability retirement application and an application for OWCP (worker’s compensation) benefits. Worker’s Comp is not a retirement system; its purpose is to temporarily compensate an injured worker for the purpose of rehabilitation and eventual return to the workplace; the causation of harm may be an important issue; and the person applying for Worker’s Comp can be examined by a doctor other than their treating doctor, often called a “Second Opinion” or “Independent Medical Examination” and also by a “referee” or Third Opinion doctor. Also, you shouldn’t be surprised if the OWCP sends a nurse to visit you during your clinical meetings with your own treating physician.
A question often asked is whether a particular type or type of medical condition “qualifies” for federal disability retirement benefits. OPM Disability Retirement doesn’t care as much about an official diagnosis; rather, the major focus in Federal Disability Retirement cases involves the underlying symptoms of the medical condition (or conditions) and their impact on ability to one or more of the essential elements of the job. Therefore, some common physical conditions may include (but are not limited to): cervical, lumbar, or thoracic disabilities; shoulder impingement syndrome; Carpal tunnel syndrome; plantar fasciitis; migraines; systemic lupus; various heart problems; Chronic Fatigue Syndrome; Multiple Chemical Sensitivity; Parkinson’s disease; fibromyalgia; and many, many more medical conditions. Note that the importance of such medical conditions is not so much the “official” diagnosis; rather, what is important is the symptoms that then affect one’s physical inability to perform one or more of the essential elements of the job.
Similarly, in psychiatric medical conditions—from major depression, anxiety, panic attacks, agoraphobia, bipolar disorder, obsessive-compulsive disorder, post-traumatic stress disorder—to paranoia, ADD, ADHD, schizophrenia, suicidal or homicidal ideation: dysfunction cognitive impairment, the inability to focus, concentrate, be able to perform intensive cognitive work, or a job that requires sustained daily focus and attention, are the major focal emphasis of the medical conditions described and outlined.
Ultimately, it is the cumulative knowledge of multiple factors that will ensure the success of a Federal Disability Retirement application under FERS or CSRS submitted to the Office of Personnel Management. Knowledge is gained through a combined synthesis of knowing medical conditions, obtaining proper medical descriptions, and documentation that will enhance the feasibility of one’s Declaration of Disability, as outlined in standard Form 3112A. Because knowledge is the path to success, proper knowledge of medical issues, legal tools, and effective documentation gathering will provide greater success in getting a federal disability retirement application approved.
