How does one “prove” a standard of “incompatibility”?
Physical injuries often allow for a medical opinion to impose certain restrictions: No lifting more than X-pounds; no standing more than 2 hours within an 8-hour period, etc. These, then, can directly “prove” that a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, by comparing such restrictions as against the positional requirements of a given job, and “showing” that the standard required can no longer be met.
The “other” cousin of the standard, as reiterated by cases represented by Henderson v. OPM and related precedents, allow for a “different” type of proof, where one may show that there is a general incompatibility between the entirety of one’s position and the medical conditions one suffers from.
It might be argued that such a standard is more “nebulous” and “harder to prove”, but in fact, the opposite is often true: specificity on a 1-to-1 ratio between a given medical condition or symptom and an element of one’s positional duties no longer becomes necessary. Rather, a general showing of incompatibility between the “type” of job and the “nature” of a medical condition is enough to qualify for Federal Disability Retirement.
The trick, of course, lies in the manner of “proving” it, but it should be of some comfort to Federal and Postal employees that there is another type of standard beyond the 1-to-1 ratio standard that applies generally for “physical” duties; for, in the end, many psychiatric conditions can only meet the “incompatibility” standard, although some specificity of inability to perform a particular function of the job may be present as well.
To meet either standard is a burden of proof that must be shown by the appellant in all OPM Disability Retirement cases; to understand, apply and satisfy such standards, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.
Sincerely,
Robert R. McGill, Esquire
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FERS & CSRS Disability Retirement: The Adaptable Criterion
If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to. The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.
There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever. Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.
For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.
Is it a science? Or, more precisely, are the regulatory subsets “open to interpretation”? And more to the point: Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days? Where human nature is concerned, one need not stray too far from the general knowledge of the masses.
If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet. Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.
Sincerely,
Robert R. McGill, Esquire
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