For the fat, or morbidly overweight, OPM and MSPB Administrative Judges maintain that the crippling obesity “…flowed perhaps not from the disease or damage itself, as expected by statute, but from voluntary disappointment or refusal to take available helpful or ameliorative action.”
One wonderful decision hinted that extreme measures, such as for instance “altered fasting” or “avoid surgery” may be also severe to expect an impairment retirement applicant to undergo. The Administrative Determine did not claim “could” be too extreme – it just “may” be too drastic.
There are two ways a Federal worker or Postal employee who’s overweight and who’s seeking advantages of OPM for disability retirement to approach this judicial and/or institutional prejudice contrary to the overweight or morbidly obese.
The initial, and I think the very best, is to remove any chance that either the Company of Personnel Management or the Advantage Programs Protection Panel can get to the defective conclusion. Speak to your treating physician, and have him or her incorporate a page in the Federal Disability Pension software stating any one or more of the next:
Weight decrease applications and fasting and exercise were medically recommended however, not successful regardless of the patient’s best efforts liteblue login page; Fat decrease programs and fasting and workout weren’t medically advisable and were not part of the medical therapy plan for the patient. Weight decrease applications and fasting and exercise might have really wounded the patient. Any one or more of the statements from your managing doctor should hold OPM or the MSPB from using the Institutional Prejudice against the Obese.
The 2nd way, and this is for the fighters out there that like long litigation and protracted appropriate challenges that take years to resolve. Challenge the OPM and MSPB institutional prejudice. Employ an lawyer that knows about the bias, is inside for the longterm, and see if you can overturn the MSPB precedent (or at least, get a decision that means it is clear that the fat do not have an affirmative work showing the MSPB and OPM they used fat reduction therapy programs before entitling them to disability benefits. Instances in the MSPB transfer rapidly, what the law states techniques really slowly, and it’ll take a extended and concerted effort to challenge the MSPB’s institutional bias contrary to the obese or morbidly obese.
While different Federal staff and USPS workers could be refused disability pension when there is a record that they failed to follow their medical therapy ideas, the fat (and some individuals with mental health conditions) are the sole people that successfully need certainly to tell the Administrative Decide that their obesity is not a personal decision, or anything that may be repaired by jumping jacks and fasting.
The USPS has built its own annal in the profound record of the United States of America. The USPS has truly gained their subject to be a renowned icon. Its period of service has installed down their ability to deliver threads dependably and efficiently.