FERS Disability

Last Updated on October 18, 2021 by FERS Disability Attorney

Causation and the issue of causality involves the occurrence of X as a result of an action Y.  There are direct causes, intermediate causes, interceding causes, etc., which concern whether or not an immediate linkage can be established between the action Y and the effect X.

Thus, if the white billiard ball strikes the Number 7 ball, and the latter moves forward, we say that X (the white ball) caused Y (the Number 7 ball) to move.  On the other hand, if the rooster makes its traditional cry at 7 a.m. as the sun is rising, and does so only when the sun rises, we may informally say, in an imperfect sense of causation, that “because” the sun rose, the rooster crowed.  We rarely ascribe a direct cause between X and Y, however.

For OWCP/Department of Labor cases, causation is a relevant and significant aspect of proving a case — for, in a FECA case, one must prove, as one of the elements of eligibility, the fact that the injury was “caused” by the job, while on the job, while related to the job, etc.  A significant amount of time is thus expended in proving the issue of causality in a Department of Labor, Office of Workers’ Compensation claim.

For FERS & CSRS Disability Retirement cases, however, under the auspices of the U.S. Office of Personnel Management, causation is not an issue.  A Federal or Postal Worker can be injured while on vacation; he or she can have the injury while at work, and concurrently (or sequentially) file for OWCP benefits and OPM Disability Retirement benefits; or the injury or medical condition can simply “occur” during his or her tenure with the Federal government.

In any and all events, it is essentially an irrelevancy.  The issue is not “how” it occurred; rather, the point is to show that, once occurred, in what manner does it impact one’s ability to perform the essential elements of one’s job.

While causation in a FERS or CSRS Disability Retirement application may be of some historical interest, it should not be a central focus of any applicant’s statement of disability.  To do so would be to make a peripheral issue a central one, and conversely, to allow for the central issue to become less focused.

Sincerely,

Robert R. McGill, Esquire