Federal and Postal Disability Retirement: The Left and Right Hands

Having two hands in and of itself does not guarantee cooperation of effort or a manifestation of symphonic coordination.  If the two hands (or more) are contributed by two or more people, without a central cognitive control center, there can be an undermining of efforts precisely because each hand is attempting to engage in an activity independent of the other.

Thus it is with the attempt by an injured or disabled Federal employee or Postal worker to formulate a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS or CSRS; and, similarly, the identical concept of cooperative efforts applies to the agencies themselves, if seen as entities with “hands”.

The problem, of course, is that OPM is a separate agency from the Federal or Postal entity through which the Federal or Postal employee submits an application.  While the Federal Agency may believe that certain actions definitively settle an issue regarding Federal Disability Retirement, the U.S. Office of Personnel Management is neither bound by, nor even required to acknowledge, the validity of any such determination.

Thus, for example, a particular agency may search for a way to “accommodate” a Federal Worker’s medical conditions, and may assert that they cannot provide a reasonable accommodation.  OPM may look at that and declare that the mere fact that an agency says so, does not mean that the Federal Worker cannot still engage in “useful or efficient” service.

Contradiction?  Inherent confusion?  Or misunderstanding of the law?

It is like the man with the bionic arm:  until the arm can become in sync with the mind of the operator, it is the same as if one only has one arm.  Ultimately, such questions are a “matter of law”, and OPM is almost always wrong with respect to the law.  It is up to the applicant, or his/her attorney, to point it out, and to make sure that the two hands become coordinated in arriving at an approval of a Federal or Postal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire