Federal Employee Medical Retirement: Situational Disability

In filing for Federal Disability Retirement benefits under FERS or CSRS, one must always attempt to shy away from any characterization which might portray one’s medical condition as one of “situational disability“, because the Office of Personnel Management will not only immediately embrace such characterization and regurgitate it to your detriment; moreover, they will deny the disability retirement case based upon such grounds.  

A determination that one’s medical condition is merely “situational” will be the downfall of any Federal Disability Retirement application.  One can counter it, of course, with amended and updated medical reports, but it is always best to refrain from any such characterization from the outset.  To be deemed and portrayed as a “situational disability” can occur as a result of an inadvertent statement by a treating doctor, or by an attempt by the Applicant to provide some “historical context” of how one’s “medical conditions” arose, by relating stories about the stresses in the workplace, how the supervisor “caused” a hostile work environment, which then precipitated and exacerbated one’s medical conditions.  Don’t.  Go and file an EEO Complaint; file a grievance; do other things.  Leave it out of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

3 thoughts on “Federal Employee Medical Retirement: Situational Disability”

  1. I’m having serious troubles with my health at the present time. I’ve been off work OWCP for almost 2 and 1/2 months. I can explain all the particulars if you’d like. It also involves my Disability for the service.
    I’m 60 years old I live in XXXXX Ca. I work for the XXX XXXX as a Computer assistant in the XXX at XXX XXXX. I’m a FERS employee. I work at whse XXX XXX end in the Support Branch. I have some of the following . Bipolar, Ocular migraines, Sleep apnea, RLS Restless leg syndrome, right knee surgery 3 times, a back ,and hip pain before and after surgery. Neck injury from the wind I recieved a injury and is documented. Carpal Tunnel and nerve damage. Can youassist an help me retire and live a productive life? My cell is XXX-XXX-XXXX and home is XXX, and is there any way I coud collect SSI intil my social Security comes around? I also need to pay off my loan from my TSP and my Military time to get credit.
    Thanks Dale

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