Last Updated on March 3, 2009 by FERS Disability Attorney
There is a view that is often proposed that, for certain medical conditions or disabilities, that a different “approach” needs to be undertaken. Thus, by way of example, certain medical conditions such as (to name just a few, and of course, the list is by no means intended to be exhaustive) Fibromyalgia, Chronic Fatigue Syndrome (CFS), various forms of Multiple Chemical/Environmental Sensitivity cases, and even psychiatric conditions such as Bi-polar Disorder, Generalized Anxiety, etc. — are often thought to be somehow in a “different” category from (again, by way of example) more “traditional” medical conditions such as Multiple Sclerosis, Lupus, Shoulder Impingement Syndrome, Osteoarthritis, degenerative disc disease, herniated discs (cervical or lumbar), Torn ACL, Failed Back Syndrome, etc.
Thus, the question sometimes posed is: should the former types of medical conditions somehow be treated “differently” than the latter, more traditional types of medical conditions? My answer is, generally, “No”. First, each individual case must be treated based upon the uniqueness of the particular case. Second, to file a disability retirement application “differently” because you fear that OPM may not accept your particular kind of medical condition approaches the entire process in a defensive, almost defeatist manner. Third, because Federal Disability Retirement is based upon the symptoms which are manifested, as opposed to a “category” of a medical condition, and further, how those symptoms and manifested symptomatologies impact the essential elements of one’s job, it is the emphasis upon the nexus between the symptoms and the core elements of the job which should always be emphasized, and not what your medical condition is “called” or “named” as. Thus, as a general point of legal approach, I prepare all of my clients’ disability retirement applications in a similar vein: that, regardless of what condition you have been diagnosed with, the symptoms exhibited and clinically identified by your treating doctor impact your ability to perform the essential elements of your job. This is the best approach to take in all cases.
Sincerely,
Robert R. McGill, Esquire