The ability to negotiate an advantageous settlement of an issue is dependent not merely upon the possession of leverage, but upon the effective use of that leverage. Such effective usage would require, first and foremost, a dual presentation: First, recognition of the value of such leverage, and second, the ability to have the opposing party believe that the value is exponentially exaggerated. Once these dual components are satisfied, one can be assured that a favorable settlement can be reached.
In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one often finds that the Federal or Postal employee is involved in multiple facets of collateral litigation or adverse actions with the Agency. As part of a “global settlement” of legal issues, the agency will inevitably offer the Federal or Postal employee a “disability retirement”. Yet, the first recognition of order which the Federal or Postal employee must address, is the fact that the agency is not the entity which can grant a Federal Disability Retirement. Only the U.S. Office of Personnel Management can grant or deny a Federal Disability Retirement application to the Federal or Postal applicant.
Can the support of the agency help? Yes — if formulated properly. Be aware, however, as case-law supports OPM’s contention that settlements of collateral issues should not be used as a basis for obtaining the support of an agency in an application for Federal Disability Retirement. A balancing act must be adopted. And, as always, Federal Disability Retirement is first and foremost an issue of one’s medical condition.
Robert R. McGill, Esquire