OPM Disability Retirement: The “Cover” of an FCE

Most doctors are unfamiliar with the process of obtaining Federal Disability Retirement under FERS or CSRS, but are more often than not familiar with the process, procedures, and correlative headaches associated with Worker’s Comp benefits.  Because of this greater familiarity, there is often an underlying suspicion that comes along with it — that rendering any medical opinion must be accompanied by some underlying justification and “objective” methodology of supporting the medical opinion.  And this is understandable.

In this day and age of malpractice lawsuits, of questioning every test, procedure and opinion, it is rare that a medical doctor is comfortable and secure in rendering a medical opinion about one’s ability or inability to perform one or more of the essential elements of one’s job, based solely or primarily upon clinical examinations and reviewing of diagnostic results.

Enter the FCE — the “Functional Capacity Evaluation“.  The FCE provides “cover” for a doctor’s medical opinion, because the doctor can point to an apparently “objective” evaluation — a third party rendering a number of physical tests, exertional exercises, physical capacity movements, etc., which serve to provide a framework from which a doctor can render an “objective ” opinion.

Why it is accepted that pointing to someone else’s evaluation — as opposed to relying upon one’s own clinical examinations, reviewing one’s history, reviewing diagnostic test results, etc. — is any more valid, is a great mystery.  But if it makes the doctor feel more comfortable, then a person considering filing for Federal Disability Retirement benefits under FERS or CSRS should go ahead and agree to submit to an FCE, if that is what it takes to get the doctor on board.

Sincerely,

Robert R. McGill, Esquire

0 thoughts on “OPM Disability Retirement: The “Cover” of an FCE”

  1. Hello Mr. McGill,
    I enjoyed and agree with your comments on this post. I agree that not only is it at times necessary to get a Functional Capacity Evaluation to get a doctor on board to help with your case, it is more than often the document that helps you to win. You were instrumental in getting me approved for FERS disability retirement. When it came to my social security disability application it was the Functional Capacity Report that was most helpful in getting my SSDI approved. All too often medical doctors seem to feel that to admit that you are permanently disabled is an admission of some type of failure on their part to rehabilitate you. Part of the “God” syndrome that they have I guess. Thanks.

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