Tag Archives: an effective fers disability application is more important than a fast one

Federal and Postal Disability Retirement: Process versus Substance

The emphasis and magnified focus upon process-issues as opposed to the underlying substance of an endeavor is often misplaced; yet, the problem is, if one ignores the former, the latter may never reach fruition because it may never arrive at its intended destination.  The question of balance between the two is an important one; for, the greatest of ideas may have historically vanished not because the idea itself was one lacking in value, but rather because it never received the sales pitch which effectively presented itself into the stream of commerce.

Similarly, in a Federal Disability Retirement application, whether under FERS or CSRS, through the U.S. Office of Personnel Management, while it is important to understand the administrative process of the “nuts and bolts” of filing (i.e., who does it go to; which form is completed by whom; how long does it take at point X; what happens after destination Y, etc.), it is preliminarily of relevance to get the substance of the application in order (i.e., the proper medical report with all of the essential elements in place; one’s statement of disability which addresses the issues of concern to OPM; any legal arguments and invocation of precedent-setting arguments, etc.).

Process gets us there; substance is the “that” which gets there.  If there is no “that”, it will be no use for the “there”; and, conversely, if it never gets there, it will not make a difference.  Ultimately, however, while both are of importance, it is the substance of the case which makes the difference, and the focus should be upon that substance before one’s attention is placed upon the vehicle of delivery.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Efficiency and Effectiveness

What does it mean to be “efficient”?  Is it distinguishable from being “effective”, or are the two inseparable?  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 be effective in submitting a paper presentation to the Office of Personnel Management.

Efficiency, while helpful, is not necessarily a precondition in order to be effective.  In an inverse manner, the U.S. Office of Personnel Management is very effective in its procedural approach — the laws support such effectiveness, in that their decisions, timeframes and arguments are effective in their very finality (leaving aside the issue of appeal rights, of course).  But is OPM efficient?  Most would argue that because of the recent inefficiencies reflected by their case-load backlog, that one could hardly describe OPM as being very “efficient”.

Thus, “effectiveness” and “efficiency” are two distinct concepts which are clearly separable.  If one were to choose which of the two characteristics one should embrace in preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, it would clearly be the former (effectiveness), as opposed to the latter (efficiency).  For, while time will fade, the final decision of whether one gets an approval or a denial in a Federal Disability Retirement case will not.

Being effective in fighting a case is the more important of the two characteristics, and sometimes, when one needs to be effective, one is not terribly efficient in the process.

Sincerely,

Robert R. McGill, Esquire