CSRS & FERS Medical Disability Retirement: These Economic Times

Do outside influences other than “the law” impact upon benefits applied for?  Depending upon what particular perspective one has, the human animal can be characterized as either extremely simple, or supremely complex.  In comparison to other animals, one needs to only look at the vast civilization of architectural magnificence, artistic beauty, and acts of compassion and empathy, to arrive at the latter conclusion.  But human nature often overrules the complex beauty of such accomplishments, leaving one with the unmistakeable conclusion of the former.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must proceed and assume such an application based upon the legal criteria as applied, and expect a fair and impartial review based upon the statutory implementation of such rules and regulations.

But in these economic times…   Does the Federal Government want to limit the number of applicants approved (the unspoken “quota” argument)?  Is there an underlying motive other than medical reasons, as to why the Federal or Postal employee is filing for Federal Disability Retirement benefits (OPM’s suspicions)?  Do “unofficial policies from on high” ever apply?

Such questions and concerns are often asked, but ultimately they are irrelevancies.  For, in preparing, formulating and filing for Federal Disability Retirement benefits from OPM, one must move forward regardless, and put together the best case possible, based upon the evidence one has.

Any other approach, or becoming unduly concerned with collateral issues, will only detract and distract from the essence of a Federal Disability Retirement case.

Sincerely, Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Approaches & Decisions (Continuation)

This is not to say that the Reconsideration Stage of the process, in the stage where there has (obviously) been an initial denial, should not retell a narrative; it is to simply point out the differences in where the emphasis should be — or, rather, where I place the different emphasis based upon the stage. 

How I approach each stage, in general terms, is as follows:  The Initial Stage (the initial application for Federal Disability Retirement benefits under FERS & CSRS) focuses upon the narrative of the applicant — the description of the medical condition; the kind of job and the essential elements thereof; the interaction and impact of one upon the other, as well as some initial legal arguments.  If it is denied, then the Reconsideration Stage has a “shift of paradigm” on what should be emphasized.  The Office of Personnel Management will often question the adequacy of the medical documentation.  In that case, one needs to respond in a two-pronged attack:  (perhaps) an updated medical report, but concurrently, an aggressive legal attack upon the legally untenable position of the denial.  This methodology sets up for the Third Stage of the process, in the event that it becomes necessary — the Merit Systems Protection Board.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Approaches & Decisions

With each case, a story must be told.  If the case gets denied, normally my approach is not so much that a “narrative” must be retold, but rather, I tend to view the Reconsideration Stage of the Federal Disability Retirement application process more as the “battle” to set the proper stage — to either win at the Reconsideration Stage, or to win at the Merit Systems Protection Board stage.  What is interesting is that, within the three stages of the process (excluding the appellate stages of the Full Board Review and the appeal to the Federal Circuit Court of Appeals), the need to tell a coherent, empathetic, sympathetic and compelling story of a dedicated and loyal Federal employee who suffers from a medical condition such that it impacts him or her from performing one or more of the essential elements of one’s job, comes “full circle”. 

I approach the “Reconsideration Stage” of the Federal Disability Retirement process under FERS & CSRS as the “center point” of battle, in many ways, precisely because it is the step just before taking it before an Administrative Judge at the Merit Systems Protection Board.  It is the place to give the Office of Personnel Management a subtle warning:  This is your last chance before the destiny of the Disability Retirement Application is taken completely out of your hands and control, and placed into the hands of an Administrative Judge.

Sincerely,

Robert R. McGill, Esquire