Saturday, July 21, 2012

Three Basic Questions to Ask in Filing for Federal Disability seclusion Benefits Under Fers or Csrs

Disability Services - Three Basic Questions to Ask in Filing for Federal Disability seclusion Benefits Under Fers or Csrs
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Federal Disability seclusion benefits under the Federal Employees seclusion ideas (Fers) or the Civil assistance seclusion ideas (Csrs) is a benefit available for all Federal and Postal employees who have a minimum of eighteen (18) months of Federal assistance (or, alternatively, 5 years under Csrs, which is ordinarily assumed as a "given" inasmuch as it has been over two decades since the changeover from Csrs to Fers). Serious considerations must be contemplated before a Federal or Postal employee engages the possibility of preparing, formulating and filing for Federal Disability seclusion benefits, especially because of the severe economic distress which can corollary for many applicants. For those under Fers, Disability seclusion benefits pay an annuity of 60% of the average of one's highest three consecutive years of pay for the first year, then 40% every year thereafter, until age 62. At age 62, the disability seclusion annuity is recalculated as regular retirement, based upon the total number of years of Federal Service, including the years the annuitant has been on disability retirement.

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Because disability seclusion benefits will severely sacrifice the revenue of the Federal or Postal employee, one can assume that a man who is contemplating filing for such benefits is doing so out of necessity, and not out of choice. The benefit does, however, have an inherent "incentive" to encourage the Federal or Postal annuitant to remain productive and active in the workforce. A Federal or Postal employee who is receiving Federal Disability seclusion benefits can go out into the incommunicable sector, and work at another, separate kind of job, and earn up to 80% of what his or her previous position currently pays. Why would this be allowed? Essentially, because Federal Disability seclusion is a benefit which declares that a Federal or Postal employee is merely disabled from performing one or more of the vital elements of one's job - not that he or she is "totally disabled". Such an incentive encourages the disability annuitant to remain productive (and a persisting taxpayer) in someone else capacity.

When inspecting preparing, formulating and filing for Federal Disability benefits, three basic considerations should be entertained, as prerequisites. They are:

First, Do I have a "supportive doctor"? Before a Federal or Postal employee should even reconsider filing for Federal Disability seclusion benefits under Fers or Csrs, the most basic and vital question of either he or she has a "supportive doctor" must be asked and answered. For, without a supportive doctor, there will be puny to no opening of successfully filing for the benefit of Federal Disability Retirement. While it is theoretically inherent to be victorious in filing for, and obtaining, Federal Disability seclusion benefits under Fers or Csrs without a compelling medical report, and to base such an application merely upon medical records, diagnostic test results, and operative reports; nevertheless, it increases the likelihood and chances of a case if one has garnered the sustain of a medical doctor.

By "supportive" is meant: will your physician be willing to write a report report which delineates the elements vital to successfully meet the multiple criteria of eligibility for Federal Disability seclusion benefits? Will the physician take the executive time and exertion vital to provide the applicant with the vital preparatory paperwork? Thus, this is not just a "pat on the back" type of support, of a physician giving the "thumbs up" and being "in your corner". Rather, it would be a good idea if the inherent Federal or Postal Disability seclusion applicant had a blunt consulation with the doctor, to make sure that the physician possesses not only "good bedside manners", but will he or she sustain a medical disability seclusion application by putting in the vital time and effort?

Second, Is an Attorney vital in preparing, formulating and filing a Federal Disability seclusion application under Fers or Csrs? Each Federal and Postal employee must talk the question based upon the medical, personal, financial and professional factors which all coalesce and must be carefully in preparation for the entirety of the process which constitutes a "Federal Disability seclusion application". Some subset questions which might be asked in approaching this second question are: How complex is my case? Will it be more difficult for an attorney to definite at the Second, Reconsideration Stage of the process if I prepare the application myself and it is denied at the First Stage? How objective can I be in evaluating my own case, and in formulating the vital bridge between the medical health and the vital elements of one's job?

Caution: the old adage of the fool who has himself as a client - beware of attempting to laid out yourself, because the general sense of objectivity is lost, and especially when attempting to formulate and recapitulate one's medical conditions and their impact upon the vital elements of one's job, there is the added danger of becoming too emotional and losing a sense of permissible perspective about one's medical conditions. And, finally, if obtaining Federal medical seclusion benefits is an speculation for one's future, how prominent is it to have legal representation in order to obtain, protect and sustain that investment?

Third, How productive will I be in formulating my case? Remember that a Federal Disability seclusion application is a "paper presentation" to an entity which is separate, apart, and independent from the division or the U.S. Postal assistance for whom you are employed. Thus, as a paper presentation, it must appear professional, knowledgeable, streamlined, coherent, and coordinated in all aspects of the presentation: the medical reports and records must be reconciled with the applicant's statement of disability; and legal citations must be carefully annotated to sustain the evidence which is presented. Further, has the formulation of the case proven one's eligibility and entitlement by a preponderance of the evidence? Will the fact that the subjective "I" who is formulating the paper presentation, be able to transport a sense of "third person" objectivity vital for a persuasive argument?

These are three basic prerequisite questions which any and all Federal and Postal employees who are contemplating beginning the process of preparing, formulating and filing a Federal Disability seclusion application under either Fers or Csrs, should be actively asking. These questions are far from exhaustive. Ultimately, each Federal or Postal employee must make the vital decisions which are in the best interests of the individual who is contemplating filing for Federal employee Disability benefits. As thoughtfulness leads to productive action, so prior preparation and specific formulation requires a duration of asking the right questions. In order to prepare, formulate and file an productive delineation of a compelling case for approval of a Federal Disability seclusion application, to be submitted to the Office of Personnel Management, one must take the time to ask, and have answered, the basic questions.

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