FERS Disability

Last Updated on November 11, 2022 by FERS Disability Attorney

In considering a Federal Disability Retirement application under the FERS system, a Federal or Postal employee must ask questions beyond the primacy of obtaining the necessary and proper medical care for treatment of one’s own medical condition.  Thus, evidentiary issues must be considered; issues of obtaining proper medical documentation; seeking the active support of a treating doctor, etc.  These are all “non-medical” considerations, which have little to do with the actual treatment and care of one’s medical condition, but have everything to do with preparing, formulating, and filing for FERS Disability Retirement benefits.

There is a distinction between the two (receiving the necessary medical care and preparing a Federal or Postal Disability Retirement application), and it is important to recognize the conceptual distinction, because the former can impact the latter.  For instance, on the spectrum of medical care (or refusal thereof) which can impact a disability application, refusal to undergo “facially reasonable medical treatment” can defeat a Federal Disability Retirement application.

The question, of course, is how to interpret what constitutes “facially reasonable medical care”?  There are certain “obvious” ones, and then others which are not so obvious.  Normally, the Merit Systems Protection Board has held that refusal to undergo invasive surgery is not a bar to being eligible for Federal or Postal Disability Retirement benefits; on the other hand, refusing to take prescribed medications can, and often is, a bar to eligibility.  All else fall within the middle of the spectrum of such medical and legal requirements.

Sincerely,

Robert R. McGill, Esquire