Federal Worker Disability Retirement: Algorithms & Human Peculiarities

In maneuvering through the process of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there are potentially multiple stages that one may encounter:  The First Stage of the process — the initial filing; if denied, one has a right to have the denial “reconsidered” by filing a Request for Reconsideration within thirty (30) days of the denial; if denied by OPM a second time, then one has a right to file an appeal to the U.S. Merit Systems Protection Board, before an Administrative Judge.

There are, beyond the three stages identified, additional appellate stages of the process, including a Petition for Full Review before a 3-Judge panel of the MSPB, as well as an appeal to the Federal Circuit Court of Appeals.

At each stage of the process, the Federal Disability Retirement application is reviewed and evaluated for sufficiency of proof and satisfaction of the statutory criteria for eligibility; and, moreover, a different person looks at the application at each stage of the bureaucratic process.

Thus, there is no singular algorithm — no application of a computer model which is identical across the board — in the evaluation of one’s Federal Disability Retirement application.  Instead, a different person reviews and evaluates the Federal Disability Retirement application at each stage.  This is probably a positive approach, and one which would be deemed “fair” by any objective standard.  For, while an application of a standard algorithm may be deemed objectively impersonal and unbiased, whereas human beings, in their inherently fallible nature may indeed possess biases and inclinations; nevertheless, it is the peculiarities of human imperfections which are still the trusted traits for procedural determinations.

That is why there is such a hue and cry over the increasing use of video replays and electronic line judges in sports; for some reason, we still trust in the human perspective, as opposed to the cold hardware of computers.  Perhaps, in our collective childhoods, we all became paranoid from watching HAL 9000 in Kubrick’s 2001:  A Space Odyssey.  A shivering thought.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Administrative Process

Ultimately, Federal Disability Retirement must be viewed as a “process“, as opposed to a singular procedure whereby a triggering mechanism automatically allows for receipt of benefits.  The former requires an affirmative approach which involves submission of proof, argumentation, an expectation of resistance (in many cases), and an analysis by the U.S. Office of Personnel Management as to whether or not all of the legal criteria have been met.  The latter is merely a formality of filing.

As a process, filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management has various steps, procedures, and Stages for appeals.  There is, first and foremost, the initial application Stage, where one has the opportunity and right to submit proof of eligibility, and make legal arguments for entitlement.  If one’s Federal Disability Retirement application is denied at the first Stage of the process, then one has a right to have it “reconsidered” by filing a “Request for Reconsideration” within 30 days of the date of denial, or receipt of the letter of denial from OPM, whichever is later.  If denied a second time, then the Federal or Postal employee who is filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management has a right to file an Appeal to the U.S. Merit Systems Protection Board.

There are, in addition to the 3 stages described, two (2) additional stages of appeal, but the three main stages of filing are what have been previously described.

With such a “process” in mind, it is wise to prepare for the long haul.  An expectation of a quick and easy approval, even if obtained, should not be embraced at the outset, precisely because one must take into consideration the potential length of time which the entire process may take, and prepare accordingly.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Process

The engagement of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is a “process” both on a macro as well as a micro level.

On a macro level, the ability to consolidate the variety and complexity of information; of understanding that there are multiple levels in the administrative labyrinth of a Federal Disability Retirement application, beginning with the initial stage of the process; then, if denied, the Second, or Reconsideration Stage of the process; then, if denied a second time, an appeal to the U.S. Merit Systems Protection Board; then a potential filing of a Petition for Full Review; and, finally, an appeal to the U.S. Court of Appeals for the Federal Circuit; all told, the aggregate of all of the procedural hurdles can be characterized as a “process”, precisely because of the complexity of each stage building upon the previous one.

On a micro level, it is similarly a process, but in a different sense.  The “pieces of the puzzle” must be gathered, and the best way to do so is in a methodologically sequential manner, one which reflects a logical structure, as opposed to a haphazard compilation of facts, tidbits, arguments and rants strung together into a barely coherent whole.

Remember that putting together a Federal Disability Retirement application must reflect an argument with a purpose — of proving one’s case by a preponderance of the evidence.  As such, understanding the “process” of such an endeavor is important in the very preparation of one’s case.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Realizing Process

By definition, a process entails multiple procedural steps.  Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management encapsulates procedural administrative steps, and these include denials and appeals.

Yes, it is true that a certain percentage are approved at the first stage of the process.  Yes, it is also true that not everyone must go to the Second, or Reconsideration Stage of the process, or the Third Stage, the U.S. Merit Systems Protection Board.  But the fact that “not everyone” must be subjected to X, does not undermine, erase, or otherwise nullify the truism that it still remains a “process”, as opposed to an application for an entitlement benefit.

As a process, one’s Federal Disability Retirement application with OPM must be proven.  In order to prove a case, one must submit certain qualifying documentation.  As the U.S. Office of Personnel Management is the initial and secondary reviewer and determining agency for the first two stages of the process, so they have personnel of differing qualitative abilities — from pure incompetence, to indifference, to superior case workers who understand the full and complete application of the law, the regulatory criteria, and the statutory applicability of case-law interpretation.

Since it is the only process around, it is something we have to live with, and ultimately, follow.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement Application: Complex Interdependence of the Stages

In preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management, it is important to recite, note, identify and apply “the law” at each stage of the process, if not for the present, then always in preparation for the future.  

No one likes to think of his or her Federal Disability Retirement application as potentially being capable of being denied at any of the multiple levels of the administrative process; everyone believes that his or her Federal Disability Retirement application is a “sure thing”, a “slam dunk”, a certainty beyond question.  The latter is a natural belief, born from a subjective experience of one who personally and immediately suffers from the very medical condition which one is complaining about.  The former acknowledgement — of understanding the potential for a denial either from the Office of Personnel Management or from the Merit Systems Protection Board, or the U.S. Circuit Court of Appeals for the Federal Circuit — is an unavoidable reality to be confronted.  

To acknowledge reality is a mechanism of survival; to deny a potential future event is to avoid a reasonable occurrence which, if not recognized, can have unintended consequences which can result in greater devastating residual effects if not properly prepared for.  Indeed, one should reasonably expect that, with a lower-level “preponderance of the evidence” standard of proof, that if properly and carefully prepared and formulated, that one’s Federal Disability Retirement application will be approved at some point in the process.  

One has many opportunities — the Initial Application Stage at OPM; the Reconsideration Stage at the Office of Personnel Management; an appeal and a Hearing before an Administrative Judge at the Merit Systems Protection Board; a Petition for Full Review at the Merit Systems Protection Board; and an appeal to the U.S. Court of Appeals for the Federal Circuit.  

Each stage is independent, yet co-dependent and interdependent.  Each stage must be meticulously prepared for its own merits, yet the groundwork set for the next stage.  Each stage is the crucial stage to win; yet, to cite legal precedents for an appeal to the next.  Never underestimate the potential for a denial; for to underestimate is merely to ask for that which one is unprepared for.  

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Simplicity v. Complexity

Each Stage in the process of proving eligibility for Federal Disability Retirement benefits under FERS or CSRS requires a unique approach and methodology of response.  It requires the combination of responding to, and thoroughly completing, forms required to meet the criteria at the initial stage of the process; of responding to any perceived lack of evidence in responding to a denial at the First Stage of the process, issued by the Office of Personnel Management, and therefore requiring a Request for Reconsideration; and finally, an ability to persuade an Administrative Judge at the Merit Systems Protection Board of the completeness of the application for Federal or Postal Disability Retirement, as well as to prepare the case well for submission of further evidence.

There are, in addition to the three stages mentioned, two further stages of the process (a Petition for Full Review to the Merit Systems Protection Board, which is comprised of a panel of administrative judges; and then to the U.S. Court of Appeals for the Federal Circuit), but both such appeal stages will only review the issue of whether or not there was an “error of law” committed by the Administrative Judge at the third stage of the process.  

The entirety of the process is comprised of inherent complexities — involving issues of medical (obviously), legal, administrative, agency, credibility, etc. — issues impacting each Federal Disability Retirement application in its own unique and specific manner.  One can try to simplify the process by breaking each component down into its basic elements, but the complexity of the whole process cannot be avoided.

Understanding each relevant component, addressing the specific issues, dissecting each, then compiling the evidence from each to make up the whole, results in wading through the complexity while maintaining the simplicity of each component part.  Keep the application simple, concise, and to the point.  

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Recognizing the Process & the Necessity for Patience

In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to recognize that the entire application endeavor — the initial preparation, formulation and filing; if denied at the First Stage, the ability to file a Request for Reconsideration within thirty (30) days of the denial; the appeal to the Merit Systems Protection Board; a further appeal to the Full Board; then, if necessary, an appeal to the Federal Circuit Court of Appeals — constitutes a “process”, and one which must be prepared for from the very beginning.  

Recognizing that the entire endeavor is a process will help to prepare one for the long haul — not only in being patient with the Office of Personnel Management at the first two stages of the process, but further, with the Administrative judicial process at the Merit Systems Protection Board; then (if necessary) with the Federal Court system.  Without such recognition, one will only experience frustration and anxiety.  As has been stated many times, Patience is a virtue; as such, Federal and Postal employees must be the virtuous of all classes of people, because of the constancy of patience they must endure.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Law

Technically, the law does not have to be applied at the administrative, agency-level of the Office of Personnel Management.  Let me clarify:  one likes to always think that when an applicant for Federal Disability Retirement under FERS or CSRS is filing for the benefit, that the agency which oversees the application will review it with an overarching umbrella of criteria which is governed by an objective foundation deemed as “the law”.  Thus, in a perfect world, one might imagine an efficient line of technocrats sitting in cubicles, all with a reference book containing the relevant laws governing the eligiblity criteria for Federal Disability Retirement.  But that would be in a perfect world; and since such a perfect world fails to exist, what we have is an arbitrary sprinkling of various personnel, who collectively comprise the Office of Personnel Management, some of whom apply the law well, and some of whom apply the law less than competently. 

To some extent, the arbitrary methodology applied at the agency level is counter-balanced with the threat of a review by an Administrative Judge at the Merit Systems Protection Board, followed by a Full Review at the MSPB, then to be further appealed to at the Federal Circuit Court level; but it is nevertheless sometimes disconcerting that, at the Agency level, this peculiar animal called “the law” is not uniformly applied in all cases, at all times.  And sometimes rarely.

Sincerely,

Robert R. McGill, Esquire