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Federal Disability Retirement: OPM must consider the "whole" medical situation.

Federal Disability Retirement: OPM must consider the "whole" medical situation.

If someone told you that this was their list of medical conditions what would you think, as a layperson, of their chances for getting federal disability retirement:

Diabetes, congestive heart failure, colorectal cancer, depression, anxiety, and sleep disorder, breathing problems due to severe obesity, unable to climb stairs, unable to walk more than 100 feet without needing to rest, no bowel control due to radiation treatment for the colorectal cancer, three heart attacks, and has been hospitalized seven times for congestive heart failure in the past decade, quadruple bypass surgery, but not a candidate for a heart transplant.

If you said that they should not get federal disability retirement, then you know how to think like the Office of Personnel Management. OPM denied this employee’s application for federal disability retirement, for reasons that aren’t very clear in the record. The Merit Systems Protection Board (MSPB) reversed, however, and granted the federal employee disability retirement. The MSPB reiterated its standard for considering the Federal Employee or Postal Worker’s medical condition in a federal disability retirement appeal: OPM must consider the totality of the evidence, including subjective evidence (what the Appellant personally testifies about), so long as the subjective evidence is consistent with the objective medical evidence.

What does that mean? No matter how ill you are, no matter how substantially your medical condition limits your ability to do your government job, always include in your application for federal disability retirement to OPM both objective evidence (doctors records and statements) and subjective evidence (the employee’s own evidence of pain or other medical conditions).

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

The Law Office of Eric Pines represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM. The Law Office of Eric L. Pines offers free consultations for Federal Employees and Postal Workers who are filing their first application for federal disability retirement.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and federal disability retirement appeals to discuss the facts and law of your particular case. If you have questions about federal disability retirement under FERS or CSRS, or OPM’s denial of your applications for federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Law Office of Eric Pines to schedule a telephone consultation.