Federal and USPS Employees – Will OPM Approve Disability Retirement

LiteBlue – The topic of this article is whether morbid obesity  or  obesity, may possibly qualify people for CSRS or FERS  Disability retirement by using or through The Office of Personnel and Management (OPM). As you know Obesity problem is actually a documented & diagnosable medical problem condition.

In the real world of Government Disability Retirement application, however, OPM employees &

Merit Systems Protection Board (MSPB) Management Judges still stick to the opinion that obesity issue is a definitely choice-based condition: that the US Postal workers, USPS Employeesor Government Employee that have obesity problem is at teir own fault issue. For those factors, the MSPB & OPM appear holding people with overweight issue / morbid obesity with a different or higher standard.”LiteBlue
Health professionals and specialists in the area of medication have determined many health issues, along with physical factors & genetic influences that could result in someone to become obese. Many of those include problem like obesity, pituitary gland  tumor, pituitary gland diseases, pseudohypoparathyroidism, craniopharyngioma, reduced metabolic rate,Frohlich and rader-Willi syndromes, underactive thyroid, and also some kinds of brain tumor, chromophobe adenoma, plus many  more.
Even with improvements in medical or healthcare technology, that prove that obesity or weight problem isn’t caused just by consuming  too much food, the Administrative office Judge of the M.S.P.B stick to their own conservative legal evaluation in disabillity retirements appeal filed by postal workers or USPS employees who’re obese or overweight.Here I will discuss the way it operates.
The M.S.P.B Administrative Judge would begin from a poor concept: the USPS employees or postal workers who’s been clinically determined as obese or overweight simply because they eat too much food or perhaps they make a personal choice becoming overweight.”LiteBlue
The M.S.P.B Administrative Judge would definitely stick to the faulty assumption  to its rational conclusion or decision: All the the USPS employees or postal workers would be instructed to prove and also confirm that USPS employees either:
  • took benefit of healthcare recommendations for exercise & fat loss programs & the suggestions didn’t work, or
  • that medical recommendations for exercise &  weight-loss weren’t medically advisable or were not recomended. It’s the legal comparable of the M.S.P.B requiring employees with diabetes to prove and show  that they are involved in sugar reduction program .

For those people who are obese / morbidly obese (serious health condition) , OPM & MSPB Administrative Judges office hold the fact that disabling obesity “…ran not from any disease / injury it self, as required by law, but flowed from voluntary problems / rejection for taking readily available corrective / ameliorative action.”

One remarkable decision suggested that some extreme measures, like “bypass surgery” or “modified fasting” might be very drastic to hope an applicant for disability retirement to go over. This Administrative Judge did not state “would” be very drastic – it only say “might” be very drastic.

There’s 2 steps that a US Postal worker or Federal employee who’s obese & who’s looking for benefits from O.P.M to get disability retirement by approaching this judicial against the morbidly obese or obese.

I think the first and also the best thing, is to eliminate any probability that either both the Merit Systems Protection Board or Office of Personnel Management could possibly have to the inaccurate ending. Discuss to your own treating healthcare professional & have her or him include things like a letter notification in the application for Federal Disability Retirement informing any one / more in the following statement:

  1. Weight reduction program & fasting & exercise were clinically recommended although not successful regardless of the best efforts of a patient;
  2. Weight reduction program & fasting & exercise were not clinically recommended and weren’t part of the patient’s treatment.
  3. Weight reduction program & fasting & exercise in fact might have harmed / injured the patient. LiteBlue.Usps.Gov  .

The second way, and it’s for the fighters out there which like protracted legal battles and long litigation that will take a long time to solve. Challenge the MSPB and OPM institutional prejudice. Choose an attorney who understands concerning the prejudice, is actually needed for the long term, and find out if you could turned around the M.S.P.B precedent (at least, have a determination which make it obvious that the weight problems don’t get an affirmative obligation to prove the OPM and MSPB which they followed weightloss treatment programs prior to entitling all of them to disability benefit. All cases in the M.S.P.B move quite fast, the law move very slowly, and it’ll require a very long & serious hard work to fight the M.S.P.B’s institutional prejudice.

LiteBlue Usps – while other Government employee and USPS workers can be denied disability retirement if there is a record that they failed to follow their medical treatment plans, the obese (and some individuals with mental health conditions) are the only ones that effectively have to convince the Administrative Judge that their obesity isn’t a personal choice, or something that could be fixed by jumping jacks and fasting.

If you’re working as a Government employeepostal worker / USPS LiteBlue Employees and you need answers regarding application for federal disability retirement, please contact the experienced attorney specialized for Federal Disability Retirement. ….

LiteBlue

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