The Basic Question Of “What?” during the Federal Disability Retirement Application and Process

“Why” evinces a quality of curiosity, and perhaps of disbelief; “who” indicates a need to establish an identity and source; “how” demonstrates a pragmatic approach in determining a future course of action; and “what” reveals the yearning to unravel the foundations of basic principles, as in Aristotle’s methodology in his Metaphysics.

Before the first storyteller or shaman put on a mask to enhance the mysteries of healing and divination; long before the wide-eyed children gathered with the adults around the village center where the bonfire roared with flickering shadows of unknown powers beyond the periphery of the fireflies beaming in the distant darkness of dangers beyond; and well preceding the written account of human history, where anthropology and narrative fantasy melded to provide reminiscences of prehistoric days created in the imaginations of youth, the question of “what” was uttered in innocence.

What is the meaning of X? What happened? What makes a thing become itself? What is the essence of being?  Thus for any entrance into a fresh endeavor, the human need for satisfying the “what” of a matter is the prefatory step towards progress.

For the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial question might be: What constitutes a “disability”?  In that question is the key which often opens wide the conventional confinement which so many people are locked into.

For, in the traditional sense, the focus of the answer to such a question is contained in the definition and diagnosis of a medical condition.  For FERS and CSRS Federal Disability Retirement, however, the expansion of the answer goes well beyond the strictures of a diagnosis.  It is the nexus, or the connection, between the medical condition and symptoms, on the one hand, and the positional requirements (whether physical, mental or emotional) of one’s Federal or Postal work, which establishes the answer.

Once the Federal and Postal employee gains an understanding of this differentiating concept, then the doors open wide beyond the confinement of OWCP benefits or Social Security Disability benefits.  Thus does one approach Federal Disability Retirement with trepidation in asking, What qualifies as a disability?  For, contained within the question is the implicit and unspoken answer: such a query already implies a problem, and the problem likely is an impact already being felt upon one’s inability to perform one or more of the essential elements of one’s positional duties of one’s Federal or Postal employment.

As with the first causative rumblings deep in the consciousness of one’s soul, as a child first begins to question the complexity of the universe surrounding the inner self of the “I”, the question uttered alters the relationship between the being of “I” and the objectivity of “others” in a perplexing world of unanswered questions; but in the end, the “what” is a first step, and so it is also for the Federal and Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether you are under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Unknown Resulting from a Partial Answer

If a question is not fully answered, is it a lie or a mere oversight?  If one places reliance upon a partial answer, was it because the question was not properly posed, or the answer only fragmentally provided, or as a result of a deliberate attempt to mislead?

Everyone has experienced the process of “switch-and-bait“, where the sales pitch is declared as one never matched in the history of the world; but upon arrival, the original declaration of the event was merely the “bait” in order to complete the “switch” to persuade the attendee to accept another product.  In such circumstances, it is indeed fortunate if the only real consequence was a wasted trip, and one can turn around and walk out.

In law, knowing only the “partial answer”, or the incomplete set of facts, can lead to irreversible consequences.  For Federal and Postal employees, whether under FERS or CSRS, who suffer from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is important to receive full answers — from all sources — in order to make the right decision for one’s future.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a serious step for the Federal or the Postal employee’s future. As such, the information which one relies upon in making that important decision — from what the process entails, to the consequential interplay between FERS & SSDI and a multitude of other questions and answers — should be fully understood.

If a source of information seems incomplete, there is often a reason, and sometimes an underlying motive. Beware the buyer; always seek an authenticating source.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Basics & Complexity

Appearance versus reality; ease of effort as opposed to great physical exertional requirements; basic components which make up for a complex composite — the inverse/converse of oppositional forces may seemingly contradict each other, but in most cases, they are entirely compatible.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial encounter with the multiple forms which must be completed, the complexity of the questions requested to be responded to — with the underlying sense that each question contains an implicit “trickiness” where the government is attempting to either cage you into a corner you do not necessarily want to be pushed to, or otherwise to state things which cannot be answered in such simplistic format — all betray a conundrum:  Is it as simple as the questions appear?  Or is the complexity hidden in the appearance of such simplicity?

Then, of course, a partial answer will surface when a Federal Disability Retirement application is denied by OPM at the First Stage of the process:  all of a sudden, various legal criteria are cited; standards of proof heretofore unmentioned are recited like a litany from a food recipe; and by the way, if it gets denied again, you get to read through a thick legal packet concerning your “appeal rights” from the U.S. Merit Systems Protection Board.

Yes, it appears simple; it’s only that the complexity remains hidden in the compendium of laws, statutes and regulations which undergird the entirety of the complex administrative procedure encapsulating Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Providing Information

In every area of law, in most facets of life, and certainly in the administrative procedures of preparing, formulating and filing for Federal Disability Retirement benefits either under FERS or CSRS with the Office of Personnel Management, one must determine the extent, scope and substance of the information which will be provided to the requesting entity.  

Most of the time, the extent of information is pre-determined by the requirements which must be satisfied.  Similarly, the scope of the information to be submitted must meet certain criteria, but additionally, it will depend upon the question asked.  More importantly, the substance of the information one needs to provide, will be determined by the question asked, the criteria to be addressed, and the statutory and regulatory guidelines which must be met — in the case of Federal Disability Retirement under FERS or CSRS, that which would meet the legal standard of “preponderance of the evidence.”  

In venturing and maneuvering through the administrative process of applying for Federal Disability Retirement benefits, however, there will be times when either the Agency or the Office of Personnel Management may request “additional” information, indicating that they are not satisfied with what has been submitted.  

An appraisal of what information is being asked; whether the question is properly formulated as posed, or whether it can be reformulated and still satisfied; and the harm or good in responding fully or partially to the request — these are all determinations which are best guided by the advice and counsel of an attorney who understands the laws governing the legal criteria in Federal Disability Retirement cases.  

Not every question deserves a full answer.  Sometimes, the question itself must be re-formulated and answered in the re-formulated format.  Agencies are not gods; they are not omnipotent, and certainly not omniscient.

Sincerely,

Robert R. McGill, Esquire