Attention Sick and Injured USPS Workers – Med Side Effects Stopping You from Working?
Picture this: you’re an efficient and hardworking USPS worker with a perfect attendance record, and just as you’re getting into the zone after years of praise and stellar performance, you are diagnosed with mild arthritis, high cholesterol, or moderate hypertension. With these conditions come medications such as beta blockers, statins, powerful antivirals, and even blood pressure meds that have side-effects make it virtually impossible to perform work duties; dizziness upon standing, splitting headaches, fatigue that leaves you almost bed-bound, or depression and anxiety that are uncharacteristic of your disposition.
While the condition is manageable, sometimes, it’s the side-effects of a medication that make it almost impossible to carry out your duties as a USPS last-mile worker. You may decide to use your sick leave in an effort to center yourself, and after that LWOP.
However, even after all these interventions, you find out that you simply are unable to perform your job duty, prompting you to apply for FERS disability retirement, believing that this is an open-and-shut case. However, you get a shocking message from OPM that just about knocks the wind out of your lungs: “The medical evidence shows your underlying condition is well-controlled with medication. Therefore, it is our opinion that you are not disabled.” While this may seem like a perfectly sensible thing to an outsider, they aren’t living your reality, a reality where the very thing you were prescribed to improve your health, and in some cases, cure you, is the thing that is disabling you.
At McCready Law best USPS last-mile worker FERS disability benefits law firm, we understand that this may feel like a gut punch, with no way out; however, by putting forth a legally sound defense on your behalf, we can overturn OPM’s arbitrary decisions, allowing you to get started on or rejoin the FERS disability benefits program.
Are you looking for the best FERS disability compensation attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced FERS disability compensation lawyers at McCready Law have helped thousands of injured and unwell federal workers just like yourself seek and keep their FERS disability benefits after suffering a disabling injury on the job or developing a chronic illness such as cancer, arthritis, autoimmune diseases, mental health conditions, and so on, rendering them unable to work.
McCready Law best injured federal worker attorneys understand that this may be a difficult time for you financially as you may have already left work and are at home recovering as you figure out your next step, and because of this, we are proud to announce that we charge a flat hourly rate for our legal services, and our fees must be reviewed by OPM in order to ensure fairness and that they are commensurate with the services you are seeking to procure from us as an injured or physically unwell USPS last mile worker, highlighting transparency and accountability throughout the entire process.
If you suffered an injury or fell sick due to a chronic condition as a USPS worker, please give us a call TODAY at (314) 481-63338 to learn more about your legal options for justice and compensation via a 100% FREE legal consultation with one of our best FERS disability compensation attorneys – our intake team is standing by.
OPM Denied Your FERS Disability Application – What Next?
The adjudication guidelines used by OPM are, at best, archaic and procedural. This is because OPM personnel are trained to look at the bare bones application, and as long as they see that the underlying condition is managed and that you are disabled, then you are perfectly able to continue working as a USPS last-mile worker.
However, this logic is fundamentally flawed because medications can and do impact a person’s ability to navigate the world, especially with chronic conditions. For instance, a medication meant to treat your high cholesterol may have the unintended side-effect of making you so dizzy that walking 12 miles or lift 50 pound boxes becomes an impossibility and may further injure you.
In order to build a medically induced disability case, the following must be present:
- Your medical record must show that your underlying condition is real but not disabling in and of itself. While this may seem counterintuitive, it proves that the treatment course you were placed on is medically necessary, which then leads to the next logical construct.
- The physician must state that your medication, meant to treat this condition, is necessary and that while all other interventions and medications have been tried, none have been as efficacious as the one you’re currently on, despite its side effect profile. This is essential because it shows you’re not refusing treatment or refusing to work with your physician in an effort to find a solution.
- This is perhaps the most important condition that needs to be met – your treating physician must describe in functional and objective terms, how the side effects of your medication hinder your ability to perform specific duties as a USPS letter carrier: for example, the patient’s statin causes myalgia or muscle pain and weakness, making him or her unable to lift or carry their 30 pound satchel required for their route.
The Importance of Form SF 3112A for FERS Disability Benefits
On top of the physician’s report, your FERS application must also be logically coherent; we will guide you on how to write the SF 3112A or the Applicant’s Statement, where you will describe when you started the medication, when the side effects commenced, and how they manifest during your workday. It is also important to stress the safety risks associated with these side-effects, stating that were you to return to work, for instance, the dizziness may cause you to lose control of your delivery van, leading to a vehicular accident, or a catastrophic fall.
Best Nationwide FERS Disability Attorneys — Call Us Today!
If you are a USPS worker whose necessary medication has caused side effects that prevent you from safely and effectively performing your job, do not accept OPM’s dismissal of your claim. The fact that your underlying condition is “controlled” does not mean you are able to work. McCready Law has your back — simply give us a call NOW at (314) 481-63338 so we can speak with one of our experienced and attentive federal disability attorneys. Remember, the call is 100% FREE, and there is no obligation. Thank you for choosing McCready Law.