FERS Medical Disability Retirement: Conceptual Constraints

Within the world of biology, the distinction between an unicellular eukaryote and a prokaryote is one defined by the absence of a distinct, membrane-bound nucleus.  The latter is thus without a homunculus, constrained by a parameter and protected as the central seat of control.  One would assume that, because of this, the former would be easier to genetically manipulate, while the former would be more difficult.

Similarly, while widespread dissemination of responsibility and delegation of authority may have the positive effect of getting much work done, the corollary negative impact may also become uncontrollably representative of an organization:  loss of qualitative control.

Upon reading a denial letter from the U.S. Office of Personnel Management, whether under FERS or CSRS, from the U.S. Office of Personnel Management, one may begin to suspect that you are dealing with a prokaryote-type of entity:  for anything may be said, and what may be stated may not even remotely be the law of the case.

Being unconstrained by a membrane may have its advantages for survival; being unconcerned by the constraints of language will have its definite impact upon a Federal or Postal employee attempting to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management: confusion for the Federal or Postal Worker, or worse, surrender and retreat.  But there are ways to counter such an untethered approach — but one which must use all of the legal tools available to the Federal or Postal applicant.

The key is to build a membrane and change the prokaryote into an eukaryote.  In order to do this, however, one must know the law, apply the law, and force the law upon the organism — thereby effectuating the genetic modification.  Thus does science, logic and law coalesce into a unified, rational whole.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Responses

Whether fair or not; whether consistent or a lack thereof; the one who holds the power of determination ultimately has the authority of interpretation — until and unless a higher authority supersedes such power.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee can seemingly comply with all of the requirements of the laws and case-laws governing Federal Disability Retirement eligibility and entitlement, and still be denied.

The standard response on the telephone is often, “I thought I had a slam-dunk case…”  But the problem with approaching a governmental bureaucracy is that one assumes (wrongly) that application of the law will be implemented in an interpretively consistent manner.  But where individuals are involved, a multiplicity of interpretive approaches will surface.

Some OPM personnel will focus upon certain legal aspects over others; others will apply a “higher” bar of passage as to what meets the “preponderance of the evidence” test; and still others will be so obtuse as to refuse, or merely fail to, accept that when a doctor (for example) states that a condition is “permanent”, that such a statement logically entails and encapsulates the satisfaction of the requirement that a medical condition will last a “minimum of 12 months“.

How to respond to such inconsistencies? By reasserting the law; citing applicable case-law; by preemptively guiding OPM into approving one’s Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire