For the overweight, or morbidly fat, OPM and MSPB Administrative Judges maintain that the limiting obesity “…flowed not from the condition or harm it self, as required by statute, but from voluntary failure or refusal to get accessible corrective or ameliorative action.”
One unique decision hinted that extreme actions, such as for instance “altered fasting” or “bypass surgery” could be too drastic you may anticipate an impairment retirement applicant to undergo. The Administrative Decide didn’t state “would” be too drastic – it just “might” be too drastic.
You can find two ways that the Federal staff or Postal worker who is fat and who’s seeking advantages of OPM for disability retirement to method this judicial and/or institutional bias contrary to the obese or morbidly obese.
The very first, and I believe the best, is to remove any chance that sometimes the Company of Personnel Administration or the Value Programs Security Board may get to the defective conclusion. Speak to your managing doctor, and have him or her include a page in the Federal Impairment Pension program saying any one or more of the following:
Fat reduction applications and fasting and exercise were medically encouraged however, not effective despite the patient’s best efforts; Fat decrease programs and fasting and exercise were not medically sensible and were not the main medical therapy plan for the patient. Weight decrease applications and fasting and exercise would have really harmed the patient postalease liteblue. Any more than one of these statements from your treating physician must hold OPM or the MSPB from using the Institutional Prejudice against the Obese.
The second way, and this is for the warriors out there that like extended litigation and protracted legal challenges that take years to resolve. Challenge the OPM and MSPB institutional prejudice. Hire an attorney that knows concerning the bias, is in it for the long haul, and see if you’re able to overturn the MSPB precedent (or at the very least, get a determination that makes it distinct that the obese do not have an affirmative work to exhibit the MSPB and OPM they followed fat decrease therapy options before entitling them to handicap benefits. Instances in the MSPB transfer quickly, regulations movements really gradually, and it will have a extended and concerted energy to challenge the MSPB’s institutional prejudice against the overweight or morbidly obese.
While other Federal employee and USPS workers could be denied impairment retirement if you have a record which they failed to check out their medical treatment plans, the fat (and many people with emotional wellness conditions) are the sole types that successfully have to tell the Administrative Decide that their obesity is not really a personal choice, or anything that can be fixed by leaping jacks and fasting.
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