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The Physicians and the Substance of a Federal Disability Retirement Case
Ultimately, the essence of any claim, endeavor, vocation or activity possesses a characteristic "essence" of a matter — that which defines itself, reveals its core value, and manifests the substantive content of what X "is" as opposed to the accidental and peripheral appearances which can throw one off from the central enigma of that which we seek to unravel.
That is the defining history of Western Philosophy; it is what Plato began in inquiring about the differences between Forms and appearances; what Aristotle did in rolling his sleeves up and getting down to the serious work of scientifically approaching the world through observation and keen perspective; and in more modern times, it is encapsulated by the work of Heidegger, who viewed every being as an encounter to unmask in the experiential sequel learned from his master, Edmund Husserl and the school of phenomenology.
The History of Philosophy has since been one of loss of stature, as all of the subsciences have taken on their prominent roles and fractured apart from the umbrella of philosophy. Psychology, Anthropology, Physics, Theology — they have all found and formed their own mouthpieces.
Medicine and the physicians who represent the discipline of the medical community have a unique and enduring perspective; it has now become defined by an approach of pharmacology and surgery, prompting alternative movements of holistic endeavors. But until a time in a distant future which accepts "other" approaches, it is the physician with an "M.D.", "D.O.", or other such designation, which will be necessary in the acceptable community of opinions and judgments. Yes, Chiropractic care, Physical Therapists, Nurse Practitioners, Psychologists and LCSWs can help to prove a case; but the central focus of authoritative acceptance still comes primarily from that guy or girl who went to "medical school".
For the Federal and Postal employee who seeks to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the core of one's case must be based upon a view towards the examiner, reviewer, or "Administrative Specialist" as designated by OPM, and what that individual will accept as the authoritative basis of a viable Federal Disability Retirement case. This is a world where the word of the physician is paramount; and those in the communities of subsets can certainly lend authoritative support; but it is always a mistake to confuse the outpost for the headquarters.
In a viable OPM Disability Retirement application, it is important to obtain the opinion and support of that which will provide the essence of authoritative support, to the greatest extent possible. What opinion to seek; how the narrative opinion is characterized; who provides it; and what the substantive content will state — all will make a difference in preparing and formulating a Federal Disability Retirement application, and its proper presentation to the authorities at the U.S. Office of Personnel Management.
While the "enemy" may attack and destroy the perimeters and outposts, until the neurological center of an organism is defeated, all such efforts are destined to fail.
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Medical Retirement for Federal Workers: The Difficulty of Coordination
From the time one is born, coordination becomes a matter of survival: from maneuvering in the awkward ambulatory manner of humans on two legs as opposed to four; to trying to excel in sports and other competitive endeavors where there are always others who have greater physical abilities; to a world which demands multitasking and where singularity of performance is considered inadequate.
Then, when a medical condition suddenly hits, the learning curve of the individual takes on a magnified and crippling proportionality. Suddenly, it is not a matter of attempting to coordinate two or more efforts; it is effort enough to accomplish a single task.
Further, for the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, there is the additional task — beyond the physical coordination of work and worry — to coordinate the multiple elements in compiling a Federal Disability Retirement application.
Thus, from acquiring sufficient medical evidence and documentation, to completing the proper forms in order to meet the minimum eligibility criteria, to meeting deadlines and all the while, for many, continuing to work in order to survive.
Coordination is an ability which must be continually learned. On top of it all, for an effective submission of a Federal Disability Retirement application, reference to the prevailing laws governing Federal Disability Retirement issues should be made.
In the end, while the ambulatory beginnings of a toddler may have been the easiest to overcome, it turns out that it is merely the foundation for all future courses of challenges and obstacles to face.
This entry was posted in OPM Disability Process - 1st Stage: OPM Disability Application and tagged a logically connected and consistent fers disability application claim, applying for disability in the postal service, avoiding contradictions by coordinating information in the federal disability application forms, avoiding discrepancies and inconsistencies in the federal disability retirement application, avoiding incoherences and contradictions in the language used by the doctor and the applicant, avoiding inconsistencies during the preparation of your fers disability claim, best legal representation for disabled usps postal workers, coherent content and information in the whole fers disability package, comparative analysis of a fers disability application for sincerity and consistency, consistency and verification of what the doctor says and what the patient explains in a federal disability report, consistency physician statement work medical release opm, coordinating content and medical information during the fers disability filing, coordinating facts and medical conditions sf 3112, disability retirement application, disability retirement application federal employees, federal disability blog, federal disability retirement in any state of territory of the United States, federal disability retirement lawyer with many years of experience, federal disability retirement legal assistance, fehb benefits on disability retirement federal and postal employees, fers disability and avoiding an artificial coordination of efforts, fers disability and other options, fers disability retirement claims, fers federal disability retirement application, how important is to coordinate medical information when applying for federal workers comp or opm disability, I need help with owcp or disability retirement, law firm opm disability, law firm serving disabled federal workers all across america, lawyer representing federal employees for disability retirement throughout the united states, logical consistency in the whole fers disability retirement application, logical coordination of all important forms in the opm disability packet, long term federal disability retirement, making a coordinated effort to succeed through the fers disability process, nationwide federal disability law firm, one coherent federal disability retirement application, opm disability law firm, owcp and disability retirement, owcp and opm federal government, owcp disability and fers retirement, post office owcp disability, postal disability fers, postal disability retirement blog, pursuing a coherent and persuasive federal disability retirement application, questions & answers about fers federal disability retirement, short term owcp disability retirement, submitting a coherent and consistent opm disability application, taking coordinated steps throughout the federal disability retirement process, the importance of coordination in federal disability retirement, the incoherent federal disability application on December 31, 2013 by Federal Disability Retirement Attorney.
Federal Employee Medical Retirement: Entrenchment versus Fidelity to a Promise
People often have a general sense of obligations and duties, and remain steadfast in fidelity to promises made. Ultimately, it is actions which confirm the sincerity of words, and not an abundance of additional verbiage. But fidelity to a course of action can constitute an entrenchment of actions without regard to changing circumstances or the vicissitudes which accompany a career or a course of events. Intersecting issues will often require a changing response; a change in plans does not necessarily constitute a violation of a promise; rather, it may in fact be the very fulfillment of a promise.
And so it is with Federal and Postal employees who confront and must deal with a medical issue; those projects which were spearheaded by a particular person; those mission statements and goals intended — suddenly, multi-tasking must be pared down to a single duty; time must be taken to attend to one's medical conditions; the course of action intended must be altered, modified, and sometimes abandoned.
If the essence of X becomes damaged, do its attributes remain untouched, also? Or must the dependencies be transformed in order to preserve the essence? Staying on a course when the context has encountered dramatic alterations, can be viewed as either foolhardy, stubborn, or valiant.
When a Federal or Postal Worker who is suffering from a medical condition such that the medical condition impacts one's ability to perform one or more of the essential elements of one's positional duties, it is time to evaluate and review the course of one's career. Opting to preserve one's health and to prepare and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is not an abandonment of purpose; rather, it is a recognition that life's unexpected turn has forced a change of course — honorable in intent, and necessary in preservation.
This entry was posted in Reflections of an OPM Disability Retirement Lawyer and tagged attorney representing federal workers for disability throughout the united states, comparative analysis of a fers disability application for sincerity and consistency, comparing the applicant's declarations and medical records sent in a federal employee disability retirement package, consistency physician statement work medical release opm, CSRS disability retirement federal attorney, disability retirement for federal employees, essential elements of a good medical narrative report, essential ingredients of a good disability case, evaluating your federal disability claim for inconsistencies, Federal Disability, federal disability attorney's advice, federal disability law blog, federal disability retirement, FERS disability retirement, fers disability retirement: following a course of action that will produce the best results in an intolerable situation, law firm representing clients in opm disability law all across america, lawyers for help with opm cases, legal representation for injured federal workers, legal services for federal and postal workers all across america, light duty federal workers in danger of inaction, making a decision to apply for federal medical retirement, medical disability lawyers opm, nationwide representation of federal employees, OPM disability lawyer, OPM disability retirement, opm disability retirement blog, owcp disability retirement, Postal disability, postal service disability retirement, representing federal employees from any us government agency, sincerity and truth in the fers disability application must be backed up by facs and medical documentation, submitting a coherent and consistent opm disability application, the disabled federal employee and the price of inaction, the most complete blog on federal disability retirement, the risk of a federal employee's inaction after a disability, time for reflection upon human conditions and medical retirement, time to change careers, time to listen to your spouse and friends about the best course of action after a disability in the workplace, truth and consistency across the opm disability retirement forms and statements, truth and sincerity in the federal disability retirement packet, USPS disability retirement, when change is good: opm disability retirement on June 1, 2013 by Federal Disability Retirement Attorney.
Words, Actions and Comparative Analysis in Federal Disability Retirement
The test of sincerity is determined by the actions which follow upon words. Words themselves are merely malleable vehicles, subject to linguistic gymnastics, and can have interpretive chameleon-like characteristics. Thus, a declarative statement issued by an individual, in the form of, "I will take care of it!" seemingly solves a problem — immediately, by the mere force of the statement, and in the very usage of the words chosen.
Indeed, in this world of Facebook, websites and technology-based apparatus of endless statements without the need to act, but merely to speak it; where words constitute the substance of an entity; and where a person can appear to be X merely by declaring X; a comparative analysis of sincerity is necessary. It is ultimately the action which follows, which determines the sincerity of the words stated.
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important that the documentary evidence provided to OPM in support of the Federal Disability Retirement application, reveals a comparative consistency with the Applicant's Statement of Disability as declaratively issued in response to Standard Form 3112A. For, that is the primary basis of a denial by the case worker at OPM in evaluating and reviewing a Federal Disability Retirement application — by comparing the statements made, and the medical reports, records, office notes, etc., which are provided. That is why merely having the doctor send the records to one's Agency, then forwarded to OPM, without first having an opportunity to see what is being sent, is tantamount to malpractice.
Words and actions — the test of sincerity, and the comparative basis for an approval in a Federal Disability Retirement application.
This entry was posted in OPM Disability Actors - The Applicant and tagged attorney for US government employees, avoiding inconsistencies during the preparation of your fers disability claim, civil service disability, comparative analysis of a fers disability application for sincerity and consistency, comparing the applicant's declarations and medical records sent in a federal employee disability retirement package, consistency in all the parts of the OPM application package, consistency physician statement work medical release opm, disability retirement for federal employees, evaluating your federal disability claim for inconsistencies, evaluation of doctor's notes before submitting them to the agency, Federal Disability, federal disability attorney's advice, federal disability law blog, federal disability retirement, FERS disability retirement, law firm representing clients in opm disability law all across america, lawyers for help with opm cases, legal representation for injured federal workers, legal services for federal and postal workers all across america, logical consistency in the whole fers disability retirement application, medical disability lawyers opm, OPM disability lawyer, OPM disability retirement, opm disability retirement blog, opm disability retirement consistency, OPM First Stage Disability Application, owcp disability retirement, Postal disability, representing federal employees from any us government agency, sincerity and truth in the fers disability application must be backed up by facs and medical documentation, submitting a coherent and consistent opm disability application, the most complete blog on federal disability retirement, truth and consistency across the opm disability retirement forms and statements, USPS disability retirement on July 20, 2012 by Federal Disability Retirement Attorney.
Medical Retirement Benefits for US Government Employees: Inconsistencies
While the legal standard of "preponderance of the evidence" is the statutorily mandated criteria to be applied as the burden of proof in a Federal Disability Retirement application under FERS or CSRS, the question which needs to be asked is: Assuming that a Federal Disability Retirement application under FERS or CSRS contains sufficient medical documentation to meet the legal criteria, what is it that would undermine the application and result in a denial of the Federal Disability Retirement application?
The overwhelming pattern of that which defeats a Federal Disability Retirement application from being approved — at any stage of the process — is the revelation of inconsistencies between various aspects of the application.
Thus, whether it is the internal inconsistency of medical records versus the medical narrative report which the doctor has prepared; the apparent inconsistency between a Supervisor's Statement and the Applicant's Statement of Disability; or the potentially exaggerated inconsistency between the Applicant's Statement of Disability and the Medical Narrative Report(s) — such are the fodder which the Office of Personnel Management is looking for in order to provide a substantiating and justifying basis to deny a Federal Disability Retirement application under FERS or CSRS.
One must understand, however, that many inconsistencies are merely "apparent", and can be easily explained — if needed to be explained at all. Thus, for example, notations in the medical records/office notes where the treating doctor has annotated numerous instances of "improvement" from a previous office visit, are merely apparently inconsistent with a conclusion that a person can no longer perform one or more of the essential elements of one's job.
An exaggerated Applicant's Statement, however, which overstates one's medical conditions beyond what the doctor is willing to state, can be a more difficult inconsistency to overcome and correct. It is important to always recognize the difference between apparent, inherent, and natural inconsistencies, and to understand that some inconsistencies need to be "left alone", while others may need to be attended to.
This entry was posted in Application, Appeals, and Other Medical Documentation Submitted To the OPM and tagged applicant preponderance of evidence burden in federal employees, attorney representing federal workers for disability throughout the united states, avoiding contradictions in your fers disability application, avoiding pitfalls during your fers disability retirement claim, checking out your fers disability application as a whole before giving it to hr, consistency physician statement work medical release opm, CSRS disability retirement federal attorney, evaluating your federal disability claim for inconsistencies, evaluating your fers disability application as a whole, FERS disability lawyer, FERS disability retirement, how to avoid pitfalls in your fers disability application, in federal disability cases: don't contradict your own doctor, legal services for federal and postal workers all across america, medical documentation as the linchpin of a fers disability claim, natural inconsistencies in your csrs disability claim, opm disability law and the preponderance of evidence concept, OPM disability retirement, opm medical retirement contact, preponderance of the evidence concept in fers disability law, preponderance of the evidence documents, USPS disability retirement, your treating doctors on May 7, 2011 by Federal Disability Retirement Attorney.