Last Updated on September 9, 2011 by FERS Disability Attorney
The concern is often expressed in the preparation, formulation and filing of a Federal Disability Retirement application under FERS or CSRS, that if a medical condition has been suffered with for multiple years, and perhaps even “pre-existing” the time of Federal Service, and further, since the Federal or Postal employee has been able to perform the essential elements of the Federal or Postal job, how can it be characterized as a medical condition which prevents one from performing one or more of the essential elements of one’s job?
The answer to such a concern is actually quite simple: The Federal or Postal employee has been able to manage life, activities and the essential elements of one’s job for multiple years; the chronicity of the condition is simply an inherent part of the nature of the particular medical condition; whether because of age, or slow, progressively deteriorating impact upon the body or psyche, the medical condition has ultimately taken its “toll” upon one’s physical, mental and/or emotional capacity of the Federal or Postal worker.
Sometimes, there comes a point where the wall of tolerance to stress, pain or other increasingly debilitating symptoms can go no further. The fact that the Federal or Postal worker has been able to perform the essential elements of the job for so many years is simply a testament to the endurance of the Federal or Postal Worker. This is why it is important to maintain a blunt, honest and forthright line of communication with one’s treating doctor. Often, the doctor will be the one who, for years, has encouraged the Federal or Postal worker to seek disability retirement.
It may be that the time has come to take the doctor up on his or her advice, and to begin talking about the type of narrative and administrative support needed to obtain Federal Disability Retirement benefits under FERS or CSRS.
Sincerely,
Robert R. McGill, Esqire
Yes, but if a person has limited Annual Leave, and almost no Sick Leave, and they have to go out on FMLA, can they work after they use up the FMLA, or convert it to LWOP after 3 months without money coming in?