Federal Employee Medical Retirement: Simplicity of Presentation

In preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, it is important to maintain and manage the entire process in as simplified a form as possible, in presenting one’s case to each segment of the process — i.e., to the doctors who will be supporting one’s case; in the formulation and articulation of one’s Applicant’s Statement of Disability; in the compilation of the supporting medical documentation; in the entirety of the presentation submitted to the Office of Personnel Management.

Thus, while the process itself may involve multiple complexities because of the bureaucratic morass from which it originates, it is nevertheless the job of the Federal or Postal worker who is preparing and formulating the Federal Disability Retirement packet to keep it within manageable and understandable, coherent and comprehensible limits.  

The art of simplifying the complex is the key to a successful outcome.  By “simplification”, however, does not mean that one should exclude or otherwise deliberately leave out complex aspects of a medical disability retirement case; rather, it means that it is the job of the Federal or Postal employee, or his or her attorney and legal representative, to articulate, convey, and delineate such complexity into an understandable format.  

As the true artist makes his artwork appear simple in its very beauty, so the Federal or Postal employee must present his or her case before the Office of Personnel Management, and potentially before an Administrative Judge at the Merit Systems Protection Board, in a format which evinces a response of, “Of course!”

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Systematic Preparation for the Process

As has been stated many time previously, in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, it is important to view the engagement with the entirety of the application procedure as a “process“, as opposed to a singular event.  

The multiple stages of this administrative process — from the Initial Stage of the preparation and filing; to the Reconsideration Stage (in the event of an initial denial); to the appeal to an Administrative Judge with the U.S. Merit Systems Protection Board; to an appeal with a Petition for Full Review (PFR) with the MSPB; and finally to the Federal Circuit Court of Appeals — it is a “process” because each of the forums or legal venues cannot be viewed in a vacuum.  

While it is true that a Hearing before an Administrative Judge at the Merit Systems Protection Board will receive the information, testimony, and conduct the Hearing as “de novo” — meaning, “anew” or “freshly all over again” — nevertheless, it is quite apparent that the reason why such a stage as having a Hearing before an Administrative Judge at the Merit Systems Protection Board is precisely because of the evidence filed in the prior portion of the process, and the one before that.

Thus, retrospectively, one must understand that the Federal or Postal Worker who finds himself or herself in any part of the administrative process, is there precisely because of its interdependence upon a prior, other part of the process.  Therefore, prospectively — looking forward at the start of the process — it is important to recognize this point, and to prepare and formulate one’s Federal Disability Retirement application with this in mind:  that each Stage of the administrative process identified as a Federal Disability Retirement application under FERS or CSRS cannot be viewed in a vacuum, but instead, must always be analyzed with a view from “on high” — meaning, preparing for the potentiality that it will be reviewed and heard before a judge.  

This often changes the perspective, and should give pause to the lay person who believes that his or her case is a mere “slam dunk” which will entail a singular event.  Systematic preparation for the entirety of the process is a perspective worth noting, and such notation may be the needed grammatical mark for a successful and persuasive presentation to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Meticulous Preparation

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to take the time, effort and care to prepare each element of the application for Federal Disability Retirement with meticulousness.  The term and conceptual implication of the word, “being meticulous” involves precision and the imagery of a methodical approach, of attending to the details and formulating the various aspects of the packet with thoughtful thoroughness.  

As a watchmaker who must attend to the minute details of his masterpiece (yes, it is a deliberate pun on using the term “minute” to infer both the idea of size as well as a quantity of time, but pronounced in different ways), it is in the very details of a Federal Disability Retirement case where the battle for approval or denial must be fought. It is often pointed out that ease of effort distinguishes between the professional and the amateur; that the professional makes it all look so easy.  Yet, the amount of preparation and practice which the professional undergoes prior to going on stage, or showing his or her abilities before a watchful crowd, is what the audience does not see.  

Similarly, when the Office of Personnel Management reviews a Federal Disability Retirement application and sees how everything logically “fits” together and proves by a preponderance of the evidence that a Federal Disability Retirement application has met all of the legal criteria for an approval, it is the meticulous preparation which has gone into fitting all of the “pieces of the puzzle” together, which provided the foundation for such success.  

Like those automobile commercials where precision driving through difficult obstacles ends with the cautionary statement:  “Beware, do not try this on your own, as the drivers in this ad were all professionals”; so it is a similar statement to the Federal or Postal employee who is attempting to formulate a Federal Disability Retirement application under FERS or CSRS:  it is not an easy matter, and meticulous preparation must be taken to formulate the medical, legal, narrative and multitudinous elements necessary to qualify for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Correcting a Misconception

I will have to write an article entitled, ten mistakes people make in filing for Federal Disability Retirement benefits under FERS or CSRS.  Or, better yet, perhaps it would be helpful to point out Ten Things Federal and Postal Employees should do to prepare to file for Federal Disability Retirement under FERS or CSRS.  

In either event, in speaking to multiple individuals over the past couple of days, common and recurring misconceptions have arisen, as they inevitably do, and when such mistaken notions concerning FERS or CSRS Disability Retirement benefits — the process, the benefit itself, the legal criteria for eligibility, etc. — it is necessary to immediately correct the mistake.  

Often, the mistaken idea comes in the form of, “I read somewhere that…”  Now, assuming that the mis-statement was not read on my website or in any of my related articles; and assuming that, even if it were read by something I had written, but had instead been mis-interpreted or somehow taken out of context, the only way in which to clarify or otherwise “correct the record” is to repetitively and incessantly state and restate the correct law concerning the matter.  The point of mistaken conceptual confusion was: That in order to file for Federal Disability Retirement under FERS or CSRS, one has to be separated from Federal service.  That is simply untrue.  In fact, for obvious economic reasons, most people continue to try and work while awaiting the approval of his or her Federal Disability Retirement application.  Furthermore, if one is separated from Federal Service, he or she has only up to one (1) year to file for Federal Disability Retirement benefits under FERS or CSRS, from the time of separation.

Sincerely, Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time It Takes For the "Process"

Because it is a “process” as opposed to an application to obtain an automatic service, commodity or benefit, a Federal Disability Retirement application necessarily takes time.  It takes time to properly prepare the application; it takes time to have the treating doctors properly address the multiple issues needed in order to meet the legal standards of eligibility; it takes time for the applicant’s statement of disability to be thoughtfully and in a cohesive, coordinated manner be presented in a persuasively descriptive narrative; it takes time for the H.R. office of the Agency, or the H.R. Shared Services in Greensboro, North Carolina, to complete their part; it takes time for the finance office to complete their part; it takes time for Boyers, PA to process and prep the application; then, finally, it takes time once it is sent down to the Office of Personnel Management in Washington, D.C., to receive, review and evaluate the entire packet. 

Further, right now, it just so happens that OPM seems to be “backed up” and, concurrently, has a shortage of personnel, and is taking an inordinate amount of time getting to each case.  As I often tell my clients:  If patience is a virtue, then Federal and Postal employees who file for Federal Disability Retirement must be the most virtuous people in the universe.

Sincerely,

Robert R. McGill, Esquire