Federal Worker Disability Retirement: The Bureaucracy

Most people, organizations and entities do not act with deliberate ill-intentions; rather, they fail to think, and actions emanating from thoughtlessness often constitutes the negation of good.  Bureaucratization often results in the unintended consequence of negating the good; for, in following a set pattern and algorithm of administrative procedures, consideration for individual circumstances cannot be excepted.

One can argue, of course, for the positive aspects of a bureaucracy — of the equal treatment of all; of applying the same standards and criteria across the board, regardless of individual needs; and there is certainly something to be said for expunging the capacity for human favoritism.  But bias and favoritism will always pervade; it will merely take on a more insidious form.

For the Federal and Postal Worker who is suffering from a medical condition such that the medical condition is impacting one’s ability to perform the essential elements of one’s job, encountering the bureaucratic process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will become a necessary evil to confront.

The key to a successful interaction with the administrative process will be to reach beyond the faceless bureaucracy, and to make relevant one’s own particular and unique facts and circumstances.  That is a tall order to face, in the face of a faceless bureaucracy.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Respective Positions

The position of the applicant is a uniquely vulnerable one; for, as one who is requesting a benefit from a governmental entity, he or she is essentially powerless to act except in response to the agency’s determination on approving or denying a Federal Disability Retirement application.

There are certain “pressure points” which can be attempted, the efficacy of which is questionable but nevertheless engaged in:  repeated calls (although one may suspect that excessive inquiries may ultimately reflect in a detrimental way); attempted influences via backdoor channels; or perhaps a request for a Congressional inquiry through one’s representative; and other similar methods — some more effective than others.  But it is ultimately the respective positions of the applicant-versus-agency which defines the underlying sense of powerlessness-versus-power; for, in the end, the agency can make any determination it wants, with a basis of rationality or one which issues a complex and garbled statement of reasonings which may not possess any meaningful import as reflected in the law.

The U.S. Office of Personnel Management is a powerful agency which is granted a special position and status — one which is responsible for the administration of retirement issues impacting upon all Federal and Postal employees.  Such a position is indeed one of heightened sensitivity and responsibility; and while the respective positions of the “little guy” (the Federal or Postal employee) as opposed to the “big guy” (the U.S. Office of Personnel Management) comes down to nothing more than individual human beings, it is the status granted to the latter which makes all the difference, and those within the agency should take such a position with the utmost of seriousness and gravity.

Ultimately, most case workers at OPM are doing the best they can with the tools and manpower provided; from the viewpoint of the applicant waiting for his or her Federal Disability Retirement application to be determined, however, that sense of vulnerability — where one’s future is “on hold” until an action is initiated by OPM — is what makes the entire process a frustrating one.

In the end, there is nothing which can change the respective positions of the applicant-versus-agency, until an approval from OPM is granted, and the status of “applicant” is then transformed into one of “annuitant” — at which point, a new set of respective positions are imposed.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: Persuasiveness

The ability to persuade requires two components:  One who utilizes the tools of persuasion; and a receptive audience, open to an alternative perspective, and willing to regard and consider the arguments of the first.  

Power is often the single most obstructive obstacle placed in the path of persuasion, precisely because it makes an individual, entity, organization or agency believe that it does not need to be persuaded to change course.  Watching news shows and political interviews is quite instructive in the loss of society’s ability to either listen, or to persuade.  The rule today is to talk, and as long as the monologue lasts, the opponent is given no opportunity to respond.  He who talks the most, and the loudest, wins the debate.  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to recognize the mechanisms already in place, and to use them to one’s persuasive advantage.  

The Office of Personnel Management is the entity which must be persuaded.  Inasmuch as it is easier to approve a case, than to deny it and have it Reconsidered or appealed to the Merit Systems Protection Board, the approach must be one of:  What can be submitted to make your job easier, and to relieve you of your heavy caseload?  For one thing, a concise and streamlined Federal Disability Retirement packet.  For another, a Disability Retirement packet which is clearly proven.  And for a third, legal and other arguments which are simple but to the point.  

Meandering arguments and voluminous biographies, as well as diatribes of complaints, will not win the day.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Power and Responsibility

It has often been stated that, when an individual possesses the power to do X, there falls upon the individual the concomitant need to exercise such power with responsibility.  Thus, the shortened statement, “With power comes responsibility”.

In applying for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal and Postal employee quickly realizes that the entity which holds all of the “power” in the administrative, bureaucratic process, is the U.S. Office of Personnel Management.  Like any large organization, OPM is possessed with a variety of individuals, each exhibiting differing facets of personalities and approaches.  Such variations, however, should of course be veiled by a veneer of professionalism, and the power which they hold — of determining the approval or denial of a Federal Disability Retirement application — is indeed extensive as it applies and impacts the Federal or Postal employee who has made the application for Federal Disability Retirement benefits.

The “power” which OPM holds extends not only to the approval or denial of a Federal Disability Retirement application, but moreover, to the length of time a person must wait for the decision, and then even after a decision, how long before payments will be initiated.

The “responsibility” portion of the equation involves and encapsulates the application of a fair and equitable review of one’s application; a thorough reading of the medical reports and records; and an objective analysis of the applicant’s statement of disability, the comparison to the position description, and a comprehensive understanding of the doctor’s reports.

That OPM holds the former (power) is unquestioned; that they exercise the latter (responsibility) is sometimes in question, but fortunately, there are different levels of appeals, and it is the administrative process as a whole which continues to retain its integrity, and for that, we may all be thankful.

Sincerely,

Robert R. McGill, Esquire