Federal Disability Retirement Attorney: The Second, Reconsideration Stage

It is not a reflection upon the validity of one’s medical condition; a denial from the U.S. Office of Personnel Management can mean multiple things, not the least of which may include:  insufficient proof failing to rise to the level of satisfying the preponderance of the evidence standard.

Federal Disability Retirement applications are compiled in a myriad of manners; yes, the standard forms themselves tend to compel a certain semblance of conformity, but ultimately the strength of a case will depend upon the supportive documentation attached, and here is “the rub”:  there still exists the “human element” in the reviewing analysis of a Federal Disability Retirement application.

Yes, certain sets of legal criteria are applied (but who and how are they interpreted in their application?); and while satisfaction of the legal criteria is supposed to be determined by the general principle of “preponderance of the evidence“, who and what complies with meeting such a standard?  How is such satisfaction determined?  Such questions, of course, imply a human element in the administrative process of an OPM Disability Retirement review, and whether we like it or not, reveals an underlying connection to imperfection and fallibility.

There is no mathematical algorithm of mechanistic applications which will completely correct the underlying problems inherent in human review within the context of a bureaucratic process.  Fortunately, however, the process itself contains a self-corrective device: different stages and levels of review, which allows for the Federal employee or the U.S. Postal worker to provide additional supportive documentation in order to reinforce and strengthen one’s Federal Disability Retirement case.

There are limitations, however, and that is why “corrective action” at the Second, Reconsideration Stage of the administrative process of Federal Disability Retirement is just that — it is to “correct” the mistakes, lapses and inherent lack identified in the original Federal Disability Retirement packet.  The “limitations” are set by law, and are determined by how one characterizes one’s medical conditions in the Statement of Disability as perpetuated on SF 3112A.

Care should always be taken, of course, in the initial preparation of a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and before it is forwarded through one’s agency to the U.S. Office of Personnel Management.  But in the end, one must recognize that the entirety of the administrative process is one which involves multiple stages of a bureaucratic procedure, and the Second, Reconsideration Stage is merely another level of self-regulating refinement to ensure that the human element, including mistakes and misapplication of the law, is expunged to the extent possible, and instead, that the objective application of the law is uniformly dispensed in order to reach a statistically acceptable algorithm of fairness and impartial determination.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement from the U.S. Office of Personnel Management: Procedural Hurdles

Bureaucratic complexities have become a part of everyday life.  When societies become entrenched in administrative procedures, where the process itself is paramount over the substantive goals intended to achieve, and the proper filing of standard forms cannot be ignored lest the conformity of all is undermined by the exception of the singular; then, it is declared that progress has been made, the height of civilization has been achieved, and the pinnacle of human inventiveness has been reached.

Whether one agrees with the satire of bureaucratic conundrums or not, the reality is that the inherent complexities of government must be contended with, and attempting to subvert or otherwise evade the necessity of completing standardized procedural methodologies is an act of futility bordering on rebellion.

For injured/ill Federal employees and Postal Workers who must consider filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, or even CSRS Offset, the importance of overcoming procedural hurdles cannot be overstated.  SF 3112A, SF 3112B, SF 3112C & SF 3112D must be completed for all Federal and Postal employees filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset; and for FERS Federal and Postal Workers, one must also complete SF 3107 (as opposed to SF 2801 for CSRS & CSRS Offset Federal and Postal employees).

And, while there are ways to provide additional addendum information beyond that which can fit within the neat spaces provided on the standard forms themselves, nevertheless, it is necessary to follow the rules and abide by the bureaucracy of conformity.  Yes, administrative hurdles are a headache and a difficulty to overcome; but, no, you cannot ignore them, as the reality of administrative and bureaucratic headaches is a constancy we must live with in a society deemed to be the pinnacle of human achievement and progress.

Sincerely,

Robert R. McGill, Attorney

 

OPM Disability Retirement: The Three Little Pigs

We are all familiar with the fable of the anthropomorphic three little pigs and the materials used in building their respective houses.  The point of the story itself, however, concerns not the elements used, but the craftsmanship employed, and the effort expended, which reveals the underlying values and provides for fertile fodder in teaching the importance of hard work, careful application and sufficient preparatory labor in securing one’s future.

It wasn’t as if there was any justifying rationale for the first two pigs to have built such insufficient shelters; the moral lessons to be drawn can include:  laziness; lack of orientation for the future; insufficient imaginations; a desire for momentary pleasures as opposed to delayed gratification for future gains; the importance of care and craftsmanship; or, to leave it as just a good story.

For the Federal or Postal employee who is filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, the lessons gleaned from the fable of the three little pigs can be replete with guiding principles:  building the foundation through the proverbial block-by-block methodology; care in the crafting of the linguistic bridge between one’s positional duties and the medical conditions impacting one’s health; deliberation and agonizingly detailed effort expended to formulate one’s Statement of Disability in SF 3112A; compilation of a sufficient legal basis and argumentation in presenting one’s Federal Disability Retirement application to the U.S. Office of Personnel Management, etc.

For, the house that the third pig built withstood the multiple onslaught of  attempted subversion not because the adversary failed to expend sufficient effort, but because one’s own work proved worthwhile.

Sincerely,

Robert R. McGill, Esquire