The topic of as we speak’s put up is whether or not weight problems, or morbid weight problems, would possibly qualify you for FERS or CSRS Incapacity retirement via OPM. Weight problems is a documented and diagnosable medical situation.
On this planet of Federal Incapacity Retirement functions, nevertheless, OPM workers and MSPB Administrative Judges nonetheless cling to the bias that weight problems is a choice-based state of affairs: that the Postal employee or Federal Worker who’s morbidly overweight is at fault for his or her situation. For these causes, the OPM and MSPB appear to carry people with weight problems or morbid weight problems to the next customary.
Medical medical doctors and consultants within the subject of medication have recognized quite a few medical situations, in addition to bodily elements and genetic influences which may trigger a person to be overweight. A few of these embody: weight problems, together with: pituitary gland tumors, pituitary gland illness, craniopharyngioma, pseudohypoparathyroidism, lowered metabolic charges, rader-Willi syndrome, Frohlich syndrome, underactive thyroid, in addition to sure sorts of mind tumors, chromophobe adenoma, and lots of many extra.
Regardless of developments in medical science, which present that weight problems isn’t precipitated solely by consuming an excessive amount of, the Administrative Judges of the MSPB cling to their archaic authorized evaluation in incapacity retirement appeals filed by Federal workers or Postal Employees who’re overweight.
Here is the way it works. The MSPB Administrative Decide will begin from a defective premise: the federal worker or postal employee who has been identified as overweight merely eats an excessive amount of or has made a private option to change into overweight.
The MSPB Administrative Decide will comply with the defective premise to its logical conclusion: the Federal worker or postal employee will likely be required to show that they both: a) took benefit of medical options for train and weight discount packages and the options didn’t work, or b) that medical options for train and weight discount weren’t medically advisable. That is the authorized equal of the MSPB requiring diabetics to show that they took half in a sugar discount program, and it did not take.
For the overweight, or morbidly overweight, OPM and MSPB Administrative Judges maintain that the disabling weight problems “…flowed not from the illness or harm itself, as required by statute, however from voluntary failure or refusal to take obtainable corrective or ameliorative motion.”
One memorable determination hinted that excessive measures, equivalent to “modified fasting” or “bypass surgical procedure” is likely to be too drastic to anticipate a incapacity retirement applicant to bear. The Administrative Decide did not say “would” be too drastic – it simply “would possibly” be too drastic. Get More Knowledge about Liteblue.USPS.gov
There are two ways in which a Federal worker or Postal employee who’s overweight and who’s in search of advantages from OPM for incapacity retirement to strategy this judicial and/or institutional prejudice towards the overweight or morbidly overweight.